[House Report 118-126]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-126
======================================================================
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL,
2024
_______
June 30, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Fleischmann, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4394]
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, 2024, and for other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Introduction...............................................
5
I. Department of Defense--Civil:........................... 1
8
Corps of Engineers--Civil:......................... 2
8
Investigations............................. 2
15
Construction............................... 3
25
Mississippi River and Tributaries.......... 4
34
Operation and Maintenance.................. 4
38
Regulatory Program......................... 6
65
Formerly Utilized Sites Remedial Action
Program................................ 6
66
Flood Control and Coastal Emergencies...... 7
66
Expenses................................... 7
66
Office of the Assistant Secretary of the
Army (Civil Works)..................... 8
67
Water Infrastructure Finance and Innovation
Program................................ 8
68
General Provisions................................. 9
68
II. Department of the Interior:............................ 16
69
Central Utah Project:.............................. 16
69
Central Utah Project Completion Account.... 16
69
Bureau of Reclamation:............................. 17
69
Water and Related Resources................ 17
70
Central Valley Project Restoration Fund.... 19
83
California Bay-Delta Restoration........... 20
83
Policy and Administration.................. 21
83
General Provisions................................. 21
84
III. Department of Energy:................................. 25
84
Introduction....................................... 25
84
Committee Recommendations..........................
84
Energy Programs:................................... 25
88
Energy Efficiency and Renewable Energy..... 25
88
Cybersecurity, Energy Security, and
Emergency Response..................... 26
101
Electricity................................ 26
102
Nuclear Energy............................. 27
104
Fossil Energy Research and Development..... 27
109
Naval Petroleum and Oil Shale Reserves..... 28
113
Strategic Petroleum Reserve................ 28
114
Northeast Home Heating Oil Reserve......... 29
114
Energy Information Administration.......... 29
114
Non-Defense Environmental Cleanup.......... 29
114
Uranium Enrichment Decontamination and
Decommissioning Fund................... 30
115
Science.................................... 30
115
Nuclear Waste Disposal..................... 31
122
Technology Transitions..................... 31
122
Clean Energy Demonstrations................ 31
123
Advanced Research Projects Agency--Energy.. 31
123
Title 17 Innovative Technology Loan
Guarantee Program...................... 32
124
Advanced Technology Vehicles Manufacturing
Loan Program........................... 33
124
Tribal Energy Loan Guarantee Program....... 33
124
Indian Energy Policy and Programs.......... 34
125
Departmental Administration................ 34
125
Office of the Inspector General............ 35
126
Atomic Energy Defense Activities:.................. 35
127
National Nuclear Security Administration:.......... 35
127
Weapons Activities......................... 35
128
Defense Nuclear Nonproliferation........... 36
132
Naval Reactors............................. 36
133
Federal Salaries and Expenses.............. 37
133
Environmental and Other Defense Activities......... 37
134
Defense Environmental Cleanup.............. 37
134
Other Defense Activities................... 37
135
Power Marketing Administrations:................... 38
135
Bonneville Power Administration............ 38
136
Southeastern Power Administration.......... 38
136
Southwestern Power Administration.......... 40
136
Western Area Power Administration.......... 41
136
Falcon and Amistad Operating and
Maintenance Fund....................... 43
137
Federal Energy Regulatory Commission............... 44
137
Committee Recommendation...........................
137
General Provisions................................. 45
184
IV. Independent Agencies:.................................. 58
185
Appalachian Regional Commission.................... 58
185
Defense Nuclear Facilities Safety Board............ 58
185
Delta Regional Authority........................... 58
186
Denali Commission.................................. 59
186
Northern Border Regional Commission................ 60
187
Southeast Crescent Regional Commission............. 60
187
Southwest Border Regional Commission............... 60
187
Great Lakes Authority.............................. 60
188
Nuclear Regulatory Commission...................... 61
188
Nuclear Waste Technical Review Board............... 62
191
General Provisions................................. 62
191
V. Water for California:................................... 64
191
VI. General Provisions:.................................... 94
192
House of Representatives Report Requirements...............
193
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are
contained in the Budget of the United States Government, Fiscal
Year 2024. The following table summarizes appropriations for
fiscal year 2023, the budget estimates, and amounts recommended
in the bill for fiscal year 2024.
INTRODUCTION
The Energy and Water Development and Related Agencies
Appropriations bill for fiscal year 2024 totals
$52,378,000,000, $1,622,000,000 below fiscal year 2023 and
$7,542,590,000 below the budget request.
Title I of the bill provides $9,570,000,000 for the Civil
Works programs of the U.S. Army Corps of Engineers,
$1,260,000,000 above fiscal year 2023 and $2,157,000,000 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 for activities eligible for reimbursement from the
Harbor Maintenance Trust Fund (HMTF) are estimated at
$2,771,000,000, $453,000 above fiscal year 2023 and
$1,045,000,000 above the budget request.
Title II provides $1,862,953,000 for the Department of the
Interior and the Bureau of Reclamation, $394,083,000 above the
budget request. The Committee recommends $1,839,953,000 for the
Bureau of Reclamation, $390,639,000 above the budget request.
The Committee recommends $23,000,000 for the Central Utah
Project, equal to fiscal year 2023 and $3,444,000 above the
budget request.
Title III provides $43,298,519,000 for the Department of
Energy, $2,944,840,000 below fiscal year 2023 and
$9,272,593,000 below the budget request. Funding for the
National Nuclear Security Administration (NNSA), which includes
Weapons Activities, Defense Nuclear Nonproliferation, Naval
Reactors, and Federal Salaries and Expenses, is
$23,959,247,000, $1,796,683,000 above fiscal year 2023 and
$114,247,000 above the budget request.
Funding for energy programs within the Department of
Energy, which includes basic science research and the applied
energy programs, is $16,901,979,000, $1,578,787,000 above
fiscal year 2023 and $3,134,809,000 below the budget request.
Environmental Management activities--Non-defense
Environmental Cleanup, Uranium Enrichment Decontamination and
Decommissioning, and Defense Environmental Cleanup--are funded
at $8,280,464,000.
The net amount appropriated for the Power Marketing
Administrations is provided at the requested levels.
Title IV provides $523,164,000 for several Independent
Agencies, $28,718,000 above fiscal year 2023 and $36,230,000
below the budget request. Net funding for the Nuclear
Regulatory Commission is $156,000,000, $19,000,000 above fiscal
year 2023 and equal to the budget request.
National Defense Programs
The Committee considers the national defense programs of
the National Nuclear Security Administration (NNSA) to be the
Department of Energy's top priority. As the global nuclear
threat landscape continues to evolve, so, too, must the U.S.
nuclear deterrent. The nation's defense against all
adversaries, including China and Russia, rests on a strong
nuclear deterrent. Therefore, the recommendation strongly
supports efforts to modernize the nuclear weapons stockpile,
increase investment in the NNSA's infrastructure, prevent the
proliferation of nuclear materials, and provide for the needs
of the naval nuclear propulsion program.
Within funding for the NNSA's Weapons Activities, the
recommendation continues support of the multi-year
modernization plans for the nation's nuclear weapons stockpile
and its supporting infrastructure. The Committee recommendation
also addresses deficiencies in the budget request, such as
funding for the Sea-Launched Cruise Missile (SLCM) and
plutonium pit production. The NNSA and the Department must do
more than pay lip service to ensuring these critical activities
move forward on-time and on-budget. Program and project
management efforts must be improved to prevent further schedule
delays and cost increases, particularly on major construction
projects.
The recommendation provides strong support for the NNSA's
nuclear nonproliferation programs. The Committee views these
programs as key to combating the proliferation threat posed by
both state and non-state actors. The recommendation does not
support expansion of the NNSA's mission to activities better
suited to other federal agencies.
The Committee also strongly supports the activities to
maintain our country's nuclear naval fleet, which is funded
through the Naval Reactors account. The Naval Reactors funding
supports the current operational nuclear fleet, continues the
Columbia-class ballistic missile submarine reactor development,
and ensures research and development efforts for the next
generation of nuclear-powered warships continue to progress.
Energy Security
The Department of Energy and its national laboratory system
have been instrumental in advancing scientific and
technological developments contributing to ensuring a safe,
reliable, and affordable energy system for the nation.
Unfortunately, the Department seems to have lost this focus in
recent years and instead has focused inordinate attention and
resources on ancillary goals, some of which may reduce energy
security. The recommendation targets investments to the
activities most important to refocusing the Department on its
fundamental mission and to advancing energy security. Programs
that have received significant supplemental funding in recent
years and that still have significant unspent balances are
funded at more reasonable levels in this annual appropriations
bill.
The Committee has long supported nuclear power as a
significant contributor to the nation's energy mix. This
baseload, carbon-free source of electricity will be essential
to achieving any emissions reduction goals, so the
Administration's relatively low budget priority for Nuclear
Energy is puzzling. A revitalized American nuclear industry
also provides an additional energy export of geopolitical
consequence, especially for countries seeking alternatives to
Russian and Chinese entanglements. The recommendation strongly
supports key activities furthering the development of advanced
reactors and fuel supply technologies, including small modular
reactors and domestic uranium enrichment capabilities.
The Administration's overwhelming rush to electrification
and deployment of certain energy sources without alignment with
the availability of domestic sources of critical minerals
threatens to make our energy system dependent on China. The
recommendation seeks to avoid this decrease in energy security
through funding the full spectrum of production technologies of
critical minerals, including extraction, separation,
processing, manufacturing, and recycling. This approach makes
full use of the nation's vast domestic resources and enhances
our technological capabilities while securing the full supply
chain of critical minerals. These investments will lay the
foundation to reduce our reliance on foreign sources and bring
further production capabilities back to America.
The recommendation continues strong support for basic
science research programs, which provide the foundation for new
energy technologies. The recommendation includes strong support
for continued operations of experimental user facilities,
construction of large-scale and innovative scientific
experiments, and advanced computing research. The
recommendation also makes strategic investments in fusion
energy sciences to help usher in a new wave of energy
technologies that can lead to fusion energy breakthroughs and
an eventual commercial fusion power plant. The Committee also
recognizes the importance of securing the energy sector against
cyber threats. In addition to maintaining funding for the
Office of Cybersecurity, Energy Security, and Emergency
Response, the recommendation supports prioritization of
cybersecurity issues across most programs of the Department.
Economic Competitiveness
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 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 Corps' maintenance of 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. 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. This recommendation makes key changes to
the budget request to ensure that the Corps and Reclamation
have the resources to continue to support America's economy.
Unfortunately, inflation, driven by reckless government
spending on top of supply chain and labor market issues,
continues to threaten economic competitiveness. Inflation
affects programs across the bill, especially those with major
construction projects. The NNSA is estimating cost increases of
40% or more for many projects within the nuclear modernization
program. The Corps has seen bids on important navigation and
flood control projects come in at double or triple the previous
cost estimates. The nation cannot afford to spend so much more
to accomplish less. The recommendation addresses some of the
causes of inflation by rescinding more than $5.5 billion in
excess spending from prior years, reprioritizing new funding to
programs that truly need it, and countering Biden
Administration rulemakings and other executive actions that are
driving inflation and stifling the private sector.
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, 2024 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 those standards into the
performance plans required under title 31 of the United States
Code.
Advertising.--The Committee directs each department and
agency to include the advertising contracting information in
its fiscal year 2025 budget justification, including total
obligations in fiscal year 2023 and expected obligations for
fiscal years 2024 and 2025 for advertising services, and
contracts for the advertising services with small businesses.
For small businesses, both prime contracts and subcontracts,
the agency shall identify obligations associated with small
businesses, small disadvantaged businesses, service-disabled
veteran-owned small businesses, women-owned small businesses,
and HUBZone small businesses. The agency shall also report if
it has met its small business goals in each of these categories
in fiscal year 2023.
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 2024 budget request for the Corps proposed
numerous structural changes, including the creation of a new
Harbor Maintenance Trust Fund account; the shifting of various
studies and projects among accounts and business lines; and the
consolidation of certain remaining items. The Committee rejects
all such proposed changes and instead funds all activities in
the accounts in which funding has traditionally been provided.
Unless expressly noted, all projects and studies remain at the
levels proposed in the budget request but may be funded in
different accounts. In particular:
Projects proposed for funding in the Harbor
Maintenance Trust Fund account in the budget request
are funded in the Construction, Mississippi River and
Tributaries, and Operation and Maintenance accounts, as
appropriate;
Dredged Material Management Plans, requested
in the Investigations account, are funded in the
Operation and Maintenance account;
Disposition studies will continue to be
funded under the remaining item Disposition of
Completed Projects in the Investigations account;
Tribal Partnership Studies and Construction
projects will continue to be funded under the Tribal
Partnership Program remaining items in the
Investigations and Construction accounts, as
appropriate, and these amounts in the Investigations
account may be used to cover necessary administrative
expenses prior to agreement execution;
Inspection of Completed Works, Project
Condition Surveys, Scheduling of Reservoir Operations
and Surveillance of Northern Boundary Waters will
continue to be funded under states instead of
consolidated into national programs as requested in the
Operation and Maintenance account; and
Dam Safety Modification Studies, requested
in the Investigations account, will be funded under the
Dam Safety and Seepage/Stability Correction Program
remaining item in the Construction account.
For any future 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 amounts from
various trust funds.
The Committee has long intended the Corps to have the
flexibility to address the 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 2024 is estimated to be
approximately $8,007,000,000.
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 $2,771,000,000 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 $58,000,000 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 and WRDA 2022, 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 2024, the Committee provides robust funding above
the budget request from the IWTF for inland waterways projects.
The Committee recommends funding above the budget request for
additional operation and maintenance activities on the inland
waterways.
PROGRAM DELIVERY
The Committee continues to monitor significant cost
escalations across the Civil Works program, particularly for
major water resources development projects already costly to
construct. Supplemental appropriations made available to fund
projects to completion continue to be insufficient to complete
ongoing work, placing additional demand for annual
appropriations and stretching limited resources. Supply chain
disruptions and inflation, particularly for construction
materials, have contributed greatly to increasing costs;
however, the Committee does not have adequate visibility into
the nature or scale of these escalations. The Corps is directed
to provide to the Committee not later than 90 days after
enactment of this Act a briefing on its plan to complete
projects funded through supplemental appropriations using
available funds. The Corps is further directed to notify the
Committee for any project with an initial cost estimate of
$50,000,000 or greater when the cost estimate for the project
increases by at least $100,000,000 or by at least 50 percent.
The Corps should include in its notification a description of
the cause for the increase, the total amount by which the
project cost has increased, the date on which the new project
cost was finalized, and the date on which the previous cost
estimate was finalized.
FORMAT OF FUNDING PRIORITIES
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 that benefit the national economy,
public safety, and environmental health. This funding is for
additional work that either was not included in the budget
request or was inadequately budgeted.
For additional funding, the executive branch retains
discretion over project-specific allocation decisions within
the additional funds provided, subject to only the direction
here and under the heading ``Additional Funding'' or
``Additional Funding for Ongoing Work'' within each of the
Investigations, Construction, Mississippi River and
Tributaries, and Operation and Maintenance accounts. A study or
project may not be excluded from consideration for funding for
being ``inconsistent with Administration policy.'' The
Administration is reminded that these funds are in addition to
the budget request, and Administration budget metrics shall not
be a reason to disqualify a study or project from being funded.
The Committee remains concerned that the Administration has
implied, either implicitly or explicitly, to non-federal
sponsors that chances of being included in a budget request or
work plan increase with the amount of funding a non-federal
sponsor can bring to a project in excess of the required cost-
share. Therefore, the Administration is reminded that voluntary
funding in excess of legally required cost shares for studies
and projects is acceptable but shall not be used as a criterion
for inclusion in the budget request, or for allocating the
additional funding provided.
It is expected that all the additional funding provided by
this Act will be allocated to specific programs, projects, or
activities. The focus of the allocation process shall favor the
obligation, rather than expenditure, of funds. Additionally,
the Administration shall consider the extent to which the Corps
is able to obligate funds as it allocates the additional
funding.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi River
and Tributaries accounts if: (1) it has received funding, other
than through a reprogramming, in at least one of the previous
three fiscal years; or (2) it was previously funded and could
reach a significant milestone, complete a discrete element of
work, or produce significant outputs in fiscal year 2024. 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 2024 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 2022 presents the Committee with
the challenge of considerable demand for new water resources
projects. The Committee supports a move to a new generation of
projects that address the challenges faced by local
communities, although there remain many projects authorized in
prior WRDAs that have yet to receive funding. In recognition of
this need, the Committee includes the five new start
Investigations proposed in the budget request. The Committee
also includes a limited number of additional new starts in the
Investigations and Construction 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.
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.
INVASIVE CARP
The Corps is undertaking multiple efforts to stop the
spread of invasive carp throughout the United States. Section
509 of WRDA 2020 authorized demonstration projects to prevent
the spread of invasive carp into the Tennessee River and
Cumberland River watersheds. There is an urgent need to prevent
their migration from the Ohio River into these watersheds and
the Great Lakes. The Committee is concerned that the Corps is
making insufficient progress in implementing Section 509,
despite funding being provided in the fiscal year 2022 and
fiscal year 2023 Acts to implement this program. The Corps is
directed to finalize the program management plan and begin
assessing demonstration projects, including appropriate
deterrent systems at Kentucky Lock. The Corps is directed to
provide quarterly updates to the Committee on the status of
Section 509 implementation.
Additionally, projects such as Brandon Road Lock and Dam
and at the Chicago Sanitary Sewer Canal are critical to
preventing the spread of invasive carp into the Great Lakes.
Because these efforts are critical to keeping invasive carp out
of the Chicago Area Waterways System, the Corps is urged to
expedite efforts to execute a project partnership agreement for
Brandon Road to enable the project to move into construction
utilizing previously provided funds. If additional work can be
done, the Corps is reminded that both projects are eligible to
compete for the additional funds provided in this Act, and the
Corps is encouraged to include appropriate funding for projects
in future budget submissions. In addition, the Committee
directs the Corps to continue to collaborate at levels
commensurate with previous years with the U.S. Coast Guard, the
U.S. Fish and Wildlife Service, the State of Illinois, and
members of the Invasive Carp Regional Coordinating Committee,
including identifying navigation protocols that would be
beneficial or effective in reducing the risk of vessels
inadvertently carrying aquatic invasive species, including
invasive carp, through the Brandon Road Lock and Dam in Joliet,
Illinois. Any findings of such an evaluation shall be included
in the quarterly briefings to the Committee. The Corps is
further directed to implement navigation protocols shown to be
effective at reducing the risk of entrainment without
jeopardizing the safety of vessels and crews.
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 2024
is consistent with congressional direction, to minimize the
movement of funds, and to improve overall budget execution, the
Act incorporates by reference the projects and direction
identified in the report accompanying this Act into statue.
Further, the Act carries a legislative provision outlining the
circumstances under which the Corps may reprogram funds.
Decisions regarding reprogramming limits and processes can only
be made by the Committee on Appropriations.
COMMITTEE RECOMMENDATION
The Committee recommends $9,570,000,000 for the Corps,
$1,260,000,000 above fiscal year 2023 and $2,157,000,000 above
the budget request.
A table summarizing the fiscal year 2023 enacted
appropriation, the fiscal year 2024 budget request, and the
Committee-recommended levels is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2023 enacted FY 2024 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations...................................... $172,500 $129,832 $136,087
Construction........................................ 1,808,800 2,014,577 2,889,942
Mississippi River and Tributaries................... 370,000 226,478 364,349
Operation and Maintenance........................... 5,078,500 2,629,913 5,496,622
Regulatory Program.................................. 218,000 221,000 218,000
FUSRAP.............................................. 400,000 200,000 200,000
Flood Control and Coastal Emergencies............... 35,000 40,000 40,000
Expenses............................................ 215,000 212,000 215,000
Office of the Assistant Secretary of the Army for 5,000 6,000 5,000
Civil Works........................................
Water Infrastructure Finance and Innovation Program. 7,200 7,200 5,000
Harbor Maintenance Trust Fund....................... - - - 1,726,000 - - -
-----------------------------------------------------------
Total, Corps of Engineers--Civil................ 8,310,000 7,413,000 9,570,000
----------------------------------------------------------------------------------------------------------------
INVESTIGATIONS
Appropriation, 2023................................... $172,500,000
Budget estimate, 2024................................. 129,832,000
Recommended, 2024..................................... 136,087,000
Comparison:
Appropriation, 2023............................... -36,413,000
Budget estimate, 2024............................. +6,255,000
This appropriation funds studies to determine the need for,
the engineering and economic feasibility of, and the
environmental and social suitability of solutions to water and
related land resource problems; preconstruction engineering and
design; data collection; interagency coordination; and
research.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and preconstruction engineering and design
(PED) phases, rather than to remaining items line items as has
been the case in previous work plans. When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
studies that: will enhance the nation's economic development,
job growth, and international competitiveness; are for projects
located in areas that have suffered recent natural disasters;
are for projects that protect life and property; or are for
projects to address legal requirements. The Administration is
reminded that a project study is not complete until the PED
phase is complete and that no new start or new investment
decision shall be required when moving from feasibility to PED.
Buffalo Bayou Tributaries and Resiliency Study.--The
Committee notes that there is a threat of flooding from high
volumes of stormwater draining into Barker Reservoir. The Corps
is encouraged to continue work with the non-federal sponsor on
plans to mitigate flood risk in communities along Barker
Reservoir, including continued collaboration on the Buffalo
Bayou Tributaries and Resiliency Study. The Corps is directed
to provide not later than 60 days after enactment of this Act a
briefing to the Committee on the status of the comprehensive
benefits analysis framework currently under development.
Chacon Creek, TX.--The Committee notes that the Corps has
been working in partnership with the City of Laredo since 2004
to complete the Chacon Creek project. The Committee is
concerned with the extended time it has taken the Corps to make
progress on this project. The Corps is encouraged to include
appropriate funding for this project in future budget
submissions.
Chattahoochee River.--The Committee understands the
economic and ecological significance of the Chattahoochee River
in the southeastern United States and notes the authorization
of a related program in WRDA 2022. The Corps is encouraged to
include appropriate funding for section 8144 of WRDA 2022 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.
Cougar and Detroit Projects, OR.--The Committee is aware
that the Water Resources Development Act of 2022 directed the
Corps to complete a disposition study to assess the
deauthorization of commercial hydropower production at the
projects within the Willamette Basin. The recommendation
includes the requested funding for the study, and the Corps is
encouraged to proceed expeditiously.
Disposition of Completed Projects.--The Corps is directed
to provide to the Committee copies of disposition studies upon
completion.
Kentucky River, KY.--The Committee is aware of the
persistent flooding at the nexus of the North, Middle, and
South Forks of the Kentucky river and understands the study to
identify flood risk management solutions for Beattyville,
Kentucky, is nearing completion. This repetitive flooding has
caused extensive flood damage to both homes and businesses,
bringing economic hardship on this economically disadvantaged
community. The recommendation also includes funding for the
Kentucky River study, and the Corps is directed to make
expeditious progress on both studies and continue work with the
non-federal sponsor on plans to reduce flooding in this area.
Lake Cypress, FL.--The Committee continues to be aware that
high rain totals have created significant sediment flow through
the Kissimmee Chain of Lakes, resulting in a shoal that has
expanded in recent years, located at the end of the C-35 canal
in Lake Cypress, Florida. The Committee is concerned over
reports that the shoal has become a danger to navigation and
strongly encourages the Corps to coordinate with state and
local officials on this issue.
Louisiana Coastal Area Task Force.--The Corps is
encouraged, as appropriate, to establish the Task Force
authorized by section 7004 of WRDA 2007 to improve coordination
of ecosystem restoration in the Louisiana Coastal Area and is
reminded of the reporting requirement in section 212 of WRDA
2020 (Public Law 116-260).
Planning Assistance to States, Vulnerable Coastal
Communities.--The Committee notes the important role the Corps
plays in managing flood risk and threats from coastal hazards
and that the Planning Assistance to States program provides in
assisting with comprehensive plans and technical assistance to
eligible state, tribal, or U.S. territory partners. The
Committee encourages the Corps to continue building capacity to
provide this assistance to vulnerable coastal communities,
including tribal, Alaska Native, and Native Hawaiian
communities. Within funds provided, the Corps is directed to
prioritize technical assistance to federally recognized tribes
located on the coast that are actively working to relocate or
address issues due to continued high lift safety risks from
flooding and storm surge, or to improve coastal resiliency,
that include but are not limited to studies, surveys, and rates
of erosion of land being evaluated for relocation. The
Committee still has not received the briefing directed in the
fiscal year 2022 Act and expects the Corps to provide not later
than 60 days after enactment of this Act a briefing on the
status of these efforts.
Planning Support Program.--The recommendation rejects the
requested increase to assess the potential impact of climate
change on aquatic ecosystems.
Remote Sensing/Geographic Information System Support.--The
recommendation includes $2,100,000 for the Corps to continue
procurement efforts for advanced integrated GPS and optical
surveying and mapping equipment. The Committee directs that
this funding increase shall be competitively awarded or
provided to programs that have received competitive awards in
the past.
Research and Development.--The recommendation includes
$4,000,000 within available funds to continue the effort of
modernizing existing Corps coastal and hydraulics models and to
make them accessible for use by other agencies, universities,
and the public. It is understood that this effort will be
completed in fiscal year 2026.
Research and Development, Biopolymers.--The Committee notes
the importance of earthen infrastructure such as dams and
levees to support safety, flood control, and water distribution
systems and notes the value of research into the use of
biopolymers to rehabilitate these deteriorating structures,
reduce rehabilitation and maintenance costs, and increase
resiliency against potential threats. The recommendation
includes $6,000,000 to continue research activities. It is
understood that this is the final year of this effort.
Research and Development, Flood and Coastal Systems.--The
Committee recognizes the importance of ensuring the integrity
of the nation's flood control systems and employing the most
effective technologies to identify potential deficiencies in
these systems. The Committee recommends $5,000,000 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. It is understood that
this is the final year of this effort.
Research and Development, Inland Waterway Container-On-
Barge.--The Corps is encouraged to leverage the experience of
research universities to commence studies to better understand
the challenges of increased weather extremes on increasing
inland waterway commerce utilizing container-on-barge
technologies.
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, Mobile Flood Barriers.--The Corps
is encouraged to assess research opportunities related to
mobile flood control barriers.
Research and Development, Modeling.--The recommendation
provides $3,000,000 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. It is understood that
this effort will be completed this year.
Research and Development, Sea Port Security.--The Corps is
encouraged to evaluate existing digital platforms that support
interoperable communications for maritime security and response
to extreme weather and supply chain disruptions and determine
the need for additional research in this area.
Research and Development, Urban Flood Damage Reduction.--
The recommendation includes $4,000,000 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 incorporating the
latest scientific information into engineering solutions to
address flood risk, emergency, and ecosystem management
challenges. The tools and technologies developed under this
program should also be applicable to other parts of the
country. It is understood that this effort will be completed in
fiscal year 2025.
River Commissions.--The Congress has made clear its intent
that the River Basin Commissions for the Susquehanna, Delaware,
and Potomac Rivers be supported, and the Corps is encouraged to
include appropriate funding in future budget submissions.
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 work with non-
federal interests to identify additional steps required to
initiate project formulation and execution.
Upper St. Anthony Falls.--The Corps is reminded that the
Upper St. Anthony Falls project remains an authorized federal
project and is encouraged to continue to operate and maintain
the lock to keep it in a state of good repair. The
recommendation includes funding to continue the disposition
study and directs the Corps to do so at full federal expense.
CONSTRUCTION
Appropriation, 2023................................... $1,808,800,000
Budget estimate, 2024................................. 2,014,577,000
Recommended, 2024..................................... 2,889,942,000
Comparison:
Appropriation, 2023............................... +1,081,142,000
Budget estimate, 2024............................. +875,365,000
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, and for
ease of comparison, amounts requested in the Harbor Maintenance
Trust Fund Account are displayed in the appropriate line in
this table:
Additional Funding.--The recommendation includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness. Of the
additional funding provided in this account for flood and storm
damage reduction and flood control, the Corps shall allocate
not less than $30,000,000 to additional nonstructural flood
control projects and continue construction of projects that
principally address drainage in urban areas, of which not less
than $20,000,000 shall be for projects that principally include
improvements to rainfall drainage systems that address flood
damages. Of the additional funding provided in this account,
the Corps shall allocate not less than $20,000,000 to projects
with riverfront development components. Of the additional
funding provided in this account, the Corps shall allocate not
less than $10,000,000 to authorized reimbursements. Of the
additional funding for other authorized project purposes and
environmental restoration or compliance, the Corps shall
allocate not less than $20,000,000 for execution of
comprehensive restoration plans developed by the Corps for
major bodies of water.
The Corps is reminded that shore protection 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; and
for other authorized project purposes and
environmental restoration or compliance projects, to
include the beneficial use of dredged material.
The recommendation includes $455,970,000 for construction
of inland waterway projects. The Committee understands that the
Corps has no additional capability for ongoing projects at this
time.
Aquatic Plant Control Program.--Of the additional funding
recommended for the Aquatic Plant Control Program, $7,000,000
shall be for watercraft inspection stations, as authorized in
section 104 of the River and Harbor Act of 1958, equally
distributed to carry out subsections (d)(1)(A)(i),
(d)(1)(A)(ii), and (d)(1)(A)(iii); $3,000,000 shall be for
related monitoring, as authorized by section 1170 of the
America's Water Infrastructure Act of 2018; and $1,000,000 for
activities related to monitoring, surveying, and control of
hydrilla verticillata and flowering rush. The Corps is
encouraged to consider work to address and prevent the threat
of hydrilla infestation within the states of Florida and
Georgia. The recommendation also includes $5,000,000 for
nationwide research, and the Corps is encouraged to consider
work to address invasive aquatic plants in the Northern
Everglades region. The recommendation also provides $500,000 to
continue activities authorized under section 509 of WRDA 2020.
Boulevard Park Stormwater Project.--The Committee
recognizes the importance of reducing chronic flooding in the
Boulevard Park neighborhood of Burien, Washington in terms of
restoring septic functions, improving resiliency, and
supporting stream and wetlands habitat.
Brandon Road Lock and Dam, Aquatic Nuisance Species
Barrier, IL.--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.
Cape Cod Canal Bridges, MA.--No funding is provided for
this project as requested, and the legislative proposal to
facilitate the transfer of funds is not included in the bill.
The Corps is directed to provide not later than 60 days after
enactment of this Act a briefing to the Committee on the
transfer proposal.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Committee is supportive of the
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan. The Corps is reminded that the Chesapeake Bay
Environmental Restoration and Protection Program is eligible to
compete for the additional funding provided in this account,
and the Corps is encouraged to provide appropriate funding in
future budget submissions.
Chesapeake Bay Oyster Recovery, MD and VA.--The Committee
is supportive of the Corps' work on the Chesapeake Bay Oyster
Recovery program and urges the Corps to include appropriate
funding in future budget submissions for these efforts.
Continuing Authorities Program (CAP).--$70,000,000 is
provided for seven CAP sections 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 nutrient filled runoff
from entering wetland habitats are eligible to compete for
funding.
Continuing Contracts.--The Corps is authorized by section
621 of title 33, United States Code, to execute its Civil Works
projects through the use of a Special Continuing Contract
Clause or Incremental Funding Clause as described in
Engineering Circulars 11-2-221 and 11-2-222. The Committee
appreciates the Administration's attention to this issue and
directs the Administration to continue using its existing
continuing contract authorities in accordance with the general
provisions in this Act as an efficient approach to managing
large, multi-year projects.
Cuyahoga River Old Channel Remediation.--The Committee is
pleased that progress is being made to remediate the Cuyahoga
River Old Channel (CROC) and notes that the Corps is
progressing towards completion of the 65% Detailed Design
Report. The Corps is encouraged to incorporate opportunities
for community economic development into the final design, to
the extent provided in law.
Indiana Riverbank Erosion.--The Corps is urged to include
appropriate funding in future budget submissions for projects
to stabilize the Indiana shoreline of the Ohio River damaged by
the operation of federally-owned dams on the Ohio River as
authorized in Section 9 of the 1946 Flood Control Act.
Lake Isabella, CA.--The Committee is aware that the U.S.
Army Corps of Engineers is in the process of replacing a Forest
Service visitor center as part of the Isabella Lake Dam Safety
Modification Project. Furthermore, the Committee notes that
under the current agreement between the Forest Service and
Corps, the Forest Service is charged with selecting a location
and outlining facility requirements for the Corps, which have
already occurred. The Committee supports the Corps' work on
this project as it continues its collaboration with the Forest
Service to bring the replacement visitor center to fruition.
Matagorda Ship Channel Improvement Project, Port Lavaca,
TX.--The Committee understands the significant economic impact
of Lavaca Bay on our national economy and notes the importance
of ensuring its competitiveness for global commerce. The
Committee continues to monitor the status of the Matagorda Ship
Channel Improvement Project and urges the Corps to conduct
outreach with project stakeholders. The Corps is directed to
provide not later than 60 days after enactment of this Act a
report on the status of the project and additional steps
required for resumption of the project.
New Savannah Bluff Lock and Dam, GA and SC.--The Committee
maintains interest in the New Savannah Bluff Lock and Dam and
understands the importance to the local community of
maintaining the existing water levels. The Committee will
continue to monitor the status of this effort and reminds the
Corps of the requirement in section 1319 of the WIIN Act of
2016.
New Mexico Acequia Systems.--The Corps is encouraged to
include appropriate funding in future budget submissions for
projects authorized under section 1113 of WRDA 1986.
Miami-Dade County, FL.--The Committee is aware of the need
to transition residents in the community from septic systems to
public sewer systems. The Corps is reminded that the project is
eligible to compete for the additional funding provided in this
account.
Mississippi River Gulf Outlet Canal Ecosystem
Restoration.--The Corps is encouraged to include appropriate
funding in future budget submissions for this project.
Pearl River Flood Reduction, MS.--To address ongoing
recovery and support of critical infrastructure in the City of
Jackson, Mississippi, the Secretary shall expedite
consideration and decision on the project for flood risk
reduction in the Pearl River Basin, Mississippi, including
channel and levee modifications and weir construction, as
included in the Integrated Feasibility and Environmental Impact
Statement submitted to the Secretary for review and approval.
Pinellas County, FL.--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 deeply frustrated with the Corps' management of this
project, creating uncertainty for local communities and setting
false expectations for project beneficiaries. The Corps is
reminded that consistent application of its policies and
regulations is paramount to ensure the benefits of authorized
projects can be realized and to maximize public safety. The
Corps is further reminded that this project remains eligible to
compete for the additional funding provided in this account to
the extent the necessary easements are acquired. The Corps is
urged to work with local governments to incorporate
flexibilities, in a manner consistent with existing law and
regulations, that could allow for project design and
construction to move forward expeditiously.
Puerto Rico Flood Risk Management Projects.--The Committee
recognizes the need for appropriate flood risk management
projects in Puerto Rico. The Corps is encouraged to continue
work with non-federal partners to identify opportunities to
enhance resiliency in Puerto Rico and provide all due
consideration for flood risk management solutions related to
Rio Inabon, Rio Descalabrado, Rio Guadiana in Naranjito, Rio
Orocovis, Rio Yauco and Rio Guamani, in Puerto Rico.
Puget Sound Nearshore Ecosystem Restoration, Duckabush
River Estuary, WA.--The Committee underscores the importance of
timely guidance for Section 8371 of WRDA 2022, Puget Sound
nearshore restoration, Washington. Further, the Committee notes
that while relocations have historically been excluded from the
Corps' definition of project features for the purpose of cost-
sharing, WRDA 2022 provided for standard cost sharing of the
relocations associated with the project. The Corps is reminded
that the project is eligible to compete for the additional
funding provided in this account and urged to include
appropriate funding in future budget submissions.
Rio Guayanilla, PR.--The Committee understands the Corps is
currently evaluating cost increases related to the Rio
Guayanilla project in Puerto Rico and encourages the Corps to
continue work with relevant non-federal stakeholders to
finalize these evaluations with the goal of preventing project
delays. As the Corps evaluates cost escalations associated with
this project, it is directed to brief the Committee should
project costs exceed the availability of funds from Public Law
115-123 available to complete the project.
Rio Nigua, PR.--The Committee recognizes the importance of
the flood control and prevention project in Rio Nigua in Puerto
Rico. The Committee urges the Corps to give prompt attention to
completion of the necessary evaluations in collaboration with
the non-federal partners.
San Joaquin and Stanislaus, CA.--The Committee understands
the need for additional water infrastructure investment in San
Joaquin and Stanislaus counties. The Corps is reminded that
projects eligible under this authority are also eligible to
compete for the additional funding provided in this account.
South Florida Ecosystem Restoration, Florida.--The
Committee applauds the Corps' progress in the construction of
the Everglades Agricultural Area Reservoir and encourages the
Corps to proceed expeditiously on its construction. 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.
Southeastern Pennsylvania and Lower Delaware River Basin.--
The Corps is reminded that projects authorized under section
566 of WRDA 1996 are eligible to compete for the additional
funding provided in this account.
Western Everglades Restoration Project (WERP).--The
Committee notes that the federal cost share for construction
and operation of all essential and necessary water quality
features of the Comprehensive Everglades Restoration Plan
(CERP) is authorized to be 50 percent. Further, the Committee
is aware that stormwater treatment areas constructed under the
CERP were determined integral to the federal project and
constructed under a 50-50 cost share. The Corps is reminded
that stormwater treatment areas and other features found
integral to the federal project, including within the WERP,
should be constructed consistent with the statutory cost share.
Not later than 15 days after enactment of the Act, the Corps
shall notify the Committee of the timeline for any relevant
determinations and shall notify the Committee as soon as those
determinations are made.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2023................................... $370,000,000
Budget estimate, 2024................................. 226,478,000
Recommended, 2024..................................... 364,349,000
Comparison:
Appropriation, 2023............................... -5,651,000
Budget estimate, 2024............................. +137,871,000
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, and for
ease of comparison, amounts requested in the Harbor Maintenance
Trust Fund Account are displayed in the appropriate line in
this table:
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating work that will enhance
the nation's economic development, job growth, and
international competitiveness or are for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in Investigations, Construction, and
Operation and Maintenance, as applicable.
Lower Mississippi River Main Stem.--The budget request
proposes to consolidate several activities across multiple
states into one line item. The Committee does not support this
change and instead continues to fund these activities as
separate line items.
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, 2023................................... $5,078,500,000
Budget estimate, 2024................................. 2,629,913,000
Recommended, 2024..................................... 5,496,622,000
Comparison:
Appropriation, 2023............................... +418,122,000
Budget estimate, 2024............................. +2,866,709,000
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 and for
ease of comparison, amounts requested in the Harbor Maintenance
Trust Fund Account are displayed in the appropriate line in
this table:
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are
present;
ability to address critical maintenance
backlog;
presence of the U.S. Coast Guard;
extent to which the work will enhance
national, regional, or local economic development,
including domestic manufacturing capacity;
extent to which the work will promote job
growth or international competitiveness;
number of jobs created directly by the
funded activity;
ability to obligate the funds allocated
within the fiscal year;
ability to complete the project, separable
element, project phase, or useful increment of work
within the funds allocated;
dredging projects that would provide
supplementary benefits to tributaries and waterways in
close proximity to ongoing island replenishment
projects;
ability to address hazardous barriers to
navigation due to shallow channels;
risk of imminent failure or closure of the
facility;
improvements to federal breakwaters and
jetties where additional work will improve the safety
of navigation and stabilize infrastructure to prevent
continued deterioration; and
for harbor maintenance activities,
total tonnage handled;
total exports;
total imports;
dollar value of cargo handled;
energy infrastructure and
national security needs served;
designation as strategic
seaports;
maintenance of dredge disposal
facilities;
lack of alternative means of
freight movement; and
savings over alternative means
of freight movement.
Aquatic Nuisance Control Research Program.--The
recommendation provides $5,000,000 to supplement activities
related to harmful algal bloom research and control, and the
Committee directs the Corps to target freshwater ecosystems.
The Committee is aware of the need to develop next generation
ecological models to maintain inland and intracoastal waterways
and provides $5,000,000 for this purpose. The recommendation
also provides $5,000,000 to continue work on the Harmful Algal
Bloom Demonstration Program, as authorized by WRDA 2020. The
Corps is urged to work collaboratively with university partners
as appropriate to address these issues.
Asset Management/Facilities Equipment Maintenance
Program.--The recommendation includes an additional $2,000,000
to continue research on novel approaches to repair and
maintenance practices that will increase civil infrastructure
intelligence and resilience. The Corps is directed to provide
to the Committee not later than 60 days after enactment of this
Act a report on the status of this effort. The recommendation
does not include additional increases proposed in the budget
request.
Beneficial Use of Dredged Material.--The Committee
continues to support beneficial use of dredged material and has
heard concerns that the Corps is not maximizing these
opportunities. The Corps is reminded of repeated congressional
directives and its own objectives related to increasing
beneficial use of dredged material.
Bonneville Lock and Dam, WA.--The Corps is encouraged to
work with interagency partners to consider novel technologies
to enhance pinniped deterrence.
Coastal Inlets Research Program.--Additional funding is
included for the Corps-led, multi-university effort to identify
engineering frameworks to address coastal resilience needs; to
develop adaptive pathways that lead to coastal resilience; for
efforts that measure the coastal forces that lead to
infrastructure damage and erosion during extreme storm events;
and to improve coupling of terrestrial and coastal models.
Coastal Ocean Data System (CODS).--The recommendation
includes $9,500,000 for base activities, including not less
than $5,500,000 toward long-term coastal wave and coastal
sediment observations, research, and data products that support
sustainable coastal and navigation projects.
Engineering with Nature.--The recommendation provides
$10,000,000 for the Engineering With Nature (EWN) initiative.
Funding under this line item is intended for EWN activities
having a national or regional scope or that benefit the Corps'
broader execution of its mission areas. It is not intended to
replace or preclude the appropriate use of EWN practices using
project-specific funding or work performed across other Corps
programs that might involve EWN. Within available funds
$5,000,000 is to support ongoing research with university
partners to develop standards, design guidance, and testing
protocols to improve and standardize nature-based and hybrid
infrastructure solutions.
Floating Vessel Fuel Efficiency.--The Corps is encouraged
to consider opportunities to maximize fuel efficiency,
including through the use of real-time monitoring technology,
of its existing fleet of dredging vessels, floating plant
assets, and other maritime equipment in order to reduce fuel
costs and save taxpayer funds. The Corps is directed to brief
the Committee not later than 180 days after enactment of this
Act on potential opportunities to leverage commercially
available technologies to improve vessel and floating plant
fuel efficiency.
Hiram M. Chittenden Locks, WA.--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, FL.--It is understood that, in accordance
with Section 1106 of the America's Water Infrastructure Act of
2018, the Corps is finalizing the Lake Okeechobee System
Operating Manual. The Committee awaits the release of the Final
Environmental Impact Study and Water Control Plan. The Corps is
encouraged to use the best available science and weigh the
concerns of all water users to ensure the ecosystem is
preserved, adequate water supply is maintained, and the safety
of all people in the region is protected.
Lake Providence Harbor, LA.--The Committee is aware of the
importance of Lake Providence Harbor in transporting critical
commodities and supplies. The Committee notes the desire for
the port to be fully operational during agricultural harvest
season. The Committee directs the Corps to perform the
necessary dredging prior to the beginning of harvest season, to
the extent practicable, to minimize potential economic impacts.
Levee Safety.--The Committee provides additional funding
for the National (Levee) Flood Inventory, including $2,500,000
to meet the requirements of section 131 of WRDA 2020.
Additionally, the Committee has heard concerns from levee
owners regarding the Corps' role in the levee accreditation
process, implementation of the Levee Safety Program, and the
scope of the Committee on Levee Safety. The Corps is reminded
that the sole responsibility of the Committee on Levee Safety
is to provide an annual report regarding the effectiveness of
the levee safety initiative. The Corps is directed to provide
to the Committee not later than 90 days after enactment of this
Act a briefing on opportunities to incorporate further the
views of levee sponsors into the Committee on Levee Safety and
the Corps' role in the levee accreditation process.
Monitoring of Completed Navigation Projects, Fisheries.--
The Committee is concerned that a reduction in or elimination
of navigational lock operations on the nation's inland
waterways is having a negative impact on river ecosystems,
particularly the ability of endangered, threatened, and game
fish species to migrate through waterways, particularly during
critical spawning periods. The Committee notes the success of
preliminary research that indicates reduced lock operations on
certain Corps-designated low use waterways is directly
impacting migration and that there are effective means to
mitigate the impacts. The Committee continues to believe that
maximizing the ability of fish to use these locks to move past
the dams has the potential to restore natural and historic
long-distance river migrations that may be critical to species
survival.
The Committee understands this research has proven valuable
and, within available funds, directs the Corps to continue this
research at not less than the fiscal year 2022 level. The goal
of the continued funding is to support the ongoing research.
Within available funds, $3,000,000 shall be for research to
assist the Corps across all waterways, lock structures, lock
operation methods, and fish species that will more fully inform
the Corps' operations. The recommendation also provides
$2,000,000 for the National Information Center on Ecohydraulics
effort by the Corps to research on the impact of reduced lock
operations on riverine fish.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--Of the funding provided, $3,000,000 shall
be to support the structural health monitoring program to
facilitate research to maximize operations, enhance efficiency,
and protect asset life through catastrophic failure mitigation.
National Coastal Mapping.--The Corps is reminded that the
mapping study authorized in section 8110 of WRDA 2022 is
eligible to compete for the additional funding provided under
this heading.
National Portfolio Assessment for Reallocations.--The
recommendation includes funding to update the Fiscal Year 2016
Municipal, Industrial and Irrigation Water Supply Database
Report. The Corps is encouraged to complete this report
expeditiously. The Corps is further encouraged to identify in
the report each reservoir project where a reallocation of
storage space under the Water Supply Act of 1958 has been
requested or a study of such a request is ongoing or
anticipated and to provide a copy of the report to the
Committee upon completion.
New Mexico Water Management.--In administering releases at
Corps-managed and -operated dams in New Mexico, the Corps is
encouraged to reduce potential negative impacts to downstream
water infrastructure, including irrigation infrastructure used
by acequias. The Corps is urged to notify downstream water
users ahead of releases to minimize avoidable damages.
NEPA Reporting.--The Committee urges the Secretary to track
and provide an annual report to Congress on the timeframes for
completing environmental reviews for water resources
development projects, as required by the National Environmental
Policy Act of 1969. The Committee also urges the Corps to
provide the report for the Regulatory Program in addition to
the Civil Works Program.
Ohio Harbors.--Toledo Harbor and the channel at the mouth
of western Lake Erie serve as a major thoroughfare to the Great
Lakes navigation system, supporting manufacturing and commerce
throughout the region. Neighboring harbors are key components
of the Great Lakes navigation system and support economic
activity in the region. The Corps is reminded that the Toledo,
Huron, Port Clinton, Lorain, and Sandusky Harbors are eligible
to compete for additional funding in this account; that
Sandusky, Lorain, and Huron qualify as emerging harbors; and
that emerging harbors must be prioritized for funding, as
appropriate. In addition, the Corps is directed to maximize
beneficial use of dredged material under the base plan for
these harbors in accordance with section 8130(b) of WRDA 2022.
In furtherance of this goal, the Committee encourages the Corps
to consider the use of dredged material to fortify Lake Erie
shorelines against damage from seasonal high water in
accordance with section 8102(b) of WRDA 2022, if the Governor
requests assistance.
Performance-Based Budgeting Support Program.--The
recommendation provides $2,000,000 to support performance-based
methods that enable robust budgeting of the hydropower program
through better understanding of operation and maintenance
impacts leveraging data analytics.
Recreational Facilities.--The Corps is one of the nation's
largest providers of conventional outdoor recreation
opportunities, and the Committee recognizes the important role
that the Corps plays in providing recreational opportunities to
the public. The Corps is encouraged to recognize the importance
of concessionaires at their recreational facilities and to work
with them on ways to improve recreational facilities. The
fiscal year 2022 and fiscal year 2023 Acts directed a report
including an analysis of current lease terms and the effects
these terms have on concessionaire financing. The Committee is
still awaiting this report and the Corps is directed to provide
it not later than 30 days after enactment of this Act.
Recreation Management Support Program.--The recommendation
includes $1,500,000 for implementation of Public Law 117-114.
Regional Sediment Management Program.--The recommendation
includes $6,000,000 to develop integrated tools that build
coastal resilience across navigation, flood risk management,
and ecosystem projects within the program. The Corps is
reminded of the importance of coastal resilience tools to
freshwater coasts and is further reminded of the reporting
requirement in the fiscal year 2022 and fiscal year 2023 Acts.
Slaughter Creek, MD.--The Committee is concerned with
delays in identifying and preparing a placement site for
dredged material from Slaughter Creek. The Corps is urged to
expedite these efforts in cooperation with the non-federal
sponsor. The Corps is reminded that, should a placement site
become available and ready to receive material from Slaughter
Creek, additional dredging of the project is eligible to
compete for the additional funding provided in this account.
Stakeholder Engagement.--The Committee recognizes the
essential work the Corps does to maintain the integrity of its
locks, dams, and other water navigation structures and the
importance of those structures to the public. The Committee is
aware that any waterway maintenance closures significantly
impact local communities and businesses, including the
agricultural sector. The Corps is directed to consult with
local industrial stakeholders, including those in the
agricultural sector, prior to the announcement of the closure
of major waterways and significant work on locks, dams, and
other water navigation structures that may impact navigation
for an extended period.
Surveillance of Northern Boundary Waters.--The Corps is
reminded that activities, not funding lines, are reimbursable
from the Harbor Maintenance Trust Fund, consistent with the
authorized purposes of the fund. Specific activities that are
not HMTF-reimbursable should not be treated as such based
solely on inclusion in a Remaining Item that includes other
HMTF-reimbursable activities.
Waco Lake, TX.--The fiscal year 2023 Act provided funding
to initiate a study on the repair and restoration of
embankments associated with Waco Lake, Texas. The Corps is
encouraged to work with the City of Waco to continue
expeditiously on this study and to include appropriate funding
in future budget submissions.
Walter F. George, George W. Andrews, and Jim Woodruff Locks
and Dams.--The Committee understands that there are outstanding
repair and maintenance needs for the Walter F. George Lock and
Dam, the George W. Andrews Lock and Dam, and the Jim Woodruff
Lock and Dam. The Corps is reminded that these activities are
eligible to compete for additional funding provided in this
account and is encouraged to include appropriate funding for
these activities in future budget submissions.
Water Control Manuals.--The Committee appreciates the
inclusion of funding in the budget request to undertake water
control manuals at a significant number of Corps projects in
fiscal year 2024 and notes the Corps reports that it has no
additional capability in this area. The Corps is encouraged to
continue to update water control manuals across its projects,
especially those projects located in states where a Reclamation
facility is also located, in regions where Forecast-Informed
Reservoir Operations projects exist, and where atmospheric
rivers cause flood damages. The Corps is also encouraged to
evaluate water control manual updates at Section 7 projects,
including those in California.
Water Operations Technical Support (WOTS).--The
recommendation includes $9,500,000 to continue progress on the
Forecast-Informed Reservoir operations research program.
William H. Harsha Lake Continuous Water Quality
Monitoring.--The Corps is reminded that continuous water
quality monitoring services related to harmful algal blooms at
William H. Harsha Lake are eligible to compete for additional
funding provided in this account, and the Corps is encouraged
to include appropriate funding for these activities in future
budget submissions.
REGULATORY PROGRAM
Appropriation, 2023................................... $218,000,000
Budget estimate, 2024................................. 221,000,000
Recommended, 2024..................................... 218,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -3,000,000
This appropriation provides funds to administer laws
pertaining to the regulation of activities affecting U.S.
waters, including wetlands, in accordance with the Rivers and
Harbors Appropriation Act of 1899, the Clean Water Act, and the
Marine Protection, Research, and Sanctuaries Act of 1972.
Appropriated funds are used to review and process permit
applications, ensure compliance on permitted sites, protect
important aquatic resources, and support watershed planning
efforts in sensitive environmental areas in cooperation with
states and local communities.
Electronic Submission of Permit Applications.--The
Secretary is encouraged to maintain adequate staffing and
improve collaboration with permit applicants to expeditiously
resolve technical difficulties and process permits. In
addition, the Committee notes continued progress on the
development of a new system for electronic submission and
management of documents related to permit applications and
other regulatory processes. The Committee understands phased
rollout of this system is planned in fiscal years 2023 and
2024. The Corps is directed to update the Committee on the
timeline for deployment and any deviations in the planned
schedule. In future iterations of this platform, the Corps is
encouraged to consider digital, cloud-based, interactive
community engagement technology to expedite the length of time
to complete necessary project reviews while increasing
opportunities for public engagement.
Energy and Mineral Security.--The Corps is urged to
expedite the consideration and disposition of permit
applications that would allow for initiation of projects
related to energy and critical mineral development.
Mitigation Bank Credits.--The Committee appreciates the
promise of mitigation banks for accelerating project delivery.
The Corps is encouraged to approve mitigation bank credits
expeditiously, consistent with existing laws and regulations.
Additionally, the Corps is encouraged to continue making
progress to improve its application of the mitigation hierarchy
in the 2008 Compensatory Mitigation Rule.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
Appropriation, 2023................................... $400,000,000
Budget estimate, 2024................................. 200,000,000
Recommended, 2024..................................... 200,000,000
Comparison:
Appropriation, 2023............................... -200,000,000
Budget estimate, 2024............................. - - -
This appropriation funds the cleanup of certain low-level
radioactive materials and mixed wastes located at sites
contaminated as a result of the nation's early efforts to
develop atomic weapons.
The Committee continues to support the prioritization of
sites, especially those that are nearing completion. The
Committee is aware that the Corps has completed the Remedial
Investigation of the former Sylvania nuclear fuel site at
Hicksville, New York, and is planning to continue a feasibility
study for the site. The Committee encourages the Corps to
proceed expeditiously, as appropriate, to complete the study so
that a remedy for cleanup can be selected in accordance with
the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2023................................... $35,000,000
Budget estimate, 2024................................. 40,000,000
Recommended, 2024..................................... 40,000,000
Comparison:
Appropriation, 2023............................... +5,000,000
Budget estimate, 2024............................. - - -
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.
The Committee notes that traditionally, funding for
disaster response has been provided in supplemental
appropriations legislation, including recently in 2023 (Public
Law 117-328) and that amounts necessary to address damages at
Corps projects in response to natural disasters can be
significant. The Committee appreciates initial submission of
monthly damages assessments, as required by Public Law 115-123.
The Committee looks forward to continued, regular submissions
of this report.
EXPENSES
Appropriation, 2023................................... $215,000,000
Budget estimate, 2024................................. 212,000,000
Recommended, 2024..................................... 215,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. +3,000,000
This appropriation funds the executive direction and
management of the Office of the Chief of Engineers, the
Division Offices, and certain research and statistical
functions of the Corps.
Climate Change Officers.--The recommendation provides
funding equal to the enacted level. Additionally, the
recommendation rejects the request to fund a person in each
division office with the responsibility of identifying ways to
advance resilience to climate change across the nation. No
funding is provided for this effort, and the Committee expects
the Corps to utilize this funding to prioritize program
delivery.
Responsiveness to Congressional Inquiries.--The Committee
notes that Corps Districts utilize different processes and
procedures to communicate with congressional offices regarding
projects and initiatives of interest. While some Districts
communicate with congressional offices effectively, the
Committee has heard concerns that these best practices are not
employed nationwide. The Committee expects Corps Districts to
be responsive to congressional inquiries and directs the Corps
to provide to the Committee, not later than 180 days after
enactment of this Act, a briefing on a plan to improve
communication between Corps Districts and members of Congress.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2023................................... $5,000,000
Budget estimate, 2024................................. 6,000,000
Recommended, 2024..................................... 5,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -1,000,000
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 to maintain a
transparent and open governing process. The Committee
appreciates the progress made on submitting these reports and
improvements in providing this factual information necessary
for informed decision making. The Committee looks forward to
continued progress and expects these reports to be submitted on
a regular and timely basis.
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, 2023................................... $7,200,000
Budget estimate, 2024................................. 7,200,000
Recommended, 2024..................................... 5,000,000
Comparison:
Appropriation, 2023............................... -2,200,000
Budget estimate, 2024............................. -2,200,000
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
recommendation provides $5,000,000 for program development,
administration, and oversight.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
Section 101 continues a provision that prohibits the
obligation or expenditure of funds through a reprogramming of
funds in this title except in certain circumstances.
Section 102 continues a provision regarding the allocation
of funds.
Section 103 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.
Section 104 continues a provision authorizing the transfer
of funds to the Fish and Wildlife Service to mitigate for
fisheries lost due to Corps projects.
Section 105 continues a provision regarding certain dredged
material disposal activities. The Committee is aware of certain
issues regarding placement of dredge material. The Corps is
directed to brief the Committee not later than 90 days after
enactment of this Act on these activities.
Section 106 continues a provision regarding reallocations
at a project.
Section 107 continues a provision prohibiting the use of
funds in this Act to reorganize or transfer the Civil Works
functions of the Corps. Nothing in this Act prohibits the Corps
from contracting with the National Academy of Sciences to carry
out the study authorized by section 1102 of the AWIA (Public
Law 115-270).
Section 108 continues a provision regarding eligibility for
additional funding. Whether a project is eligible for funding
under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
civil works program and for offering professional advice on its
development. Therefore, the provision clarifies that a
project's eligibility for additional funding shall be solely
the professional determination of the Chief of Engineers.
Section 109 addresses certain definitions for the purposes
of the Clean Water Act.
Section 110 allows the possession of firearms at water
resources development projects under certain circumstances.
Section 111 prohibits implementation of a rule related to
eligibility for participation in the Public Law 84-99 program.
Section 112 addresses use of certain previously
appropriated funds.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2023................................... $23,000,000
Budget estimate, 2024................................. 19,556,000
Recommended, 2024..................................... 23,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. +3,444,000
The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of Public Law 102-575) provides for the completion of the
Central Utah Project by the Central Utah Water Conservancy
District. CUPCA also authorizes the appropriation of funds for
fish, wildlife, and recreation mitigation and conservation;
establishes an account in the Treasury for the deposit of these
funds and of other contributions for mitigation and
conservation activities; and establishes a Utah Reclamation
Mitigation and Conservation Commission to administer funds in
that account. CUPCA further assigns responsibilities for
carrying out the Act to the Secretary of the Interior and
prohibits delegation of those responsibilities to the Bureau of
Reclamation.
The Committee recommendation includes a total of
$23,000,000 for the Central Utah Project Completion Account,
which includes $16,600,000 for Central Utah Project
construction, $4,650,000 for transfer to the Utah Reclamation
Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission, and
$1,750,000 for necessary expenses of the Secretary of the
Interior.
Bureau of Reclamation
INTRODUCTION
The mission of the Bureau of Reclamation (Reclamation) is
to develop, manage, and protect water and related resources in
an environmentally and economically sound manner in the
interest of the American public. Since its establishment by the
Reclamation Act of 1902, Reclamation has developed water supply
facilities that have contributed to sustained economic growth
and an enhanced quality of life in the western states. Lands
and communities served by Reclamation projects have been
developed to meet agricultural, tribal, urban, and industrial
needs. Reclamation continues to develop authorized facilities
to store and convey new water supplies and is the largest
supplier and manager of water in the 17 western states.
Reclamation maintains 338 reservoirs with the capacity to store
140 million acre-feet of water.
While hydrology in certain western states has improved
dramatically, other regions continue to experience severe and
exceptional drought. Infrastructure investments are critical to
secure water resources for both municipal and agricultural
usage now and into the future. Accordingly, the Committee
recommendation includes targeted, increased investments in
programs to assist western states as they respond to the
drought crisis and continues to build on long-term efforts to
address future challenges.
As Reclamation's facilities reach their design life, the
projected cost of operating, maintaining, and rehabilitating
this infrastructure continues to grow, yet Reclamation has not
budgeted sufficient funding to implement a comprehensive
program to reduce its maintenance backlog. At the same time,
Reclamation is increasingly relied upon to supply water to
federally-recognized Indian tribes through water settlements,
rural communities through its Title I Rural Water Program, and
municipalities through its Title XVI Water Reclamation and
Reuse Program. Balancing these competing priorities will be
challenging and requires active participation and leadership on
the part of Reclamation and its technical staff.
COMMITTEE RECOMMENDATION
The Committee recommendation totals $1,839,953,000, an
increase of $390,639,000 above the budget request.
A table summarizing the fiscal year 2023 enacted
appropriation, the fiscal year 2024 budget request, and the
Committee recommendation is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2023 enacted FY 2024 request Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources......................... $1,787,151 $1,301,012 $1,693,366
Central Valley Project Restoration Fund............. 45,770 48,508 48,508
California Bay-Delta Restoration.................... 33,000 33,000 33,000
Policy and Administration........................... 65,079 66,794 65,079
-----------------------------------------------------------
Total, Bureau of Reclamation.................... 1,931,000 1,449,314 1,839,953
----------------------------------------------------------------------------------------------------------------
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2023................................... $1,787,151,000
Budget estimate, 2024................................. 1,301,012,000
Recommended, 2024..................................... 1,693,366,000
Comparison:
Appropriation, 2023............................... -93,785,000
Budget estimate, 2024............................. +392,354,000
The Water and Related Resources account supports the
development, construction, management, and restoration of water
and related natural resources in the 17 western states. The
account includes funds for operating and maintaining existing
facilities to obtain the greatest overall levels of benefits,
to protect public safety, and to conduct studies on ways to
improve the use of water and related natural resources.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding for Water and Related Resources Work.--
The recommendation includes funds in addition to the budget
request for Water and Related Resources studies, projects, and
activities. Priority in allocating these funds should be given
to advance and complete ongoing work, including preconstruction
activities and where environmental compliance has been
completed; improve water supply reliability; improve water
deliveries; enhance national, regional, or local economic
development; promote job growth; advance tribal and nontribal
water settlement studies and activities; or address critical
backlog maintenance and rehabilitation activities. Funding
provided under this heading may be utilized for ongoing work,
including preconstruction activities, on projects that provide
new or existing water supplies through additional
infrastructure.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $134,000,000 shall be for
water storage projects as authorized in section 4007 of Public
Law 114-322. Of the funding provided under the heading ``Water
Conservation and Delivery'', $50,000,000 shall be for
implementing the Drought Contingency Plan in the Lower Colorado
River Basin to create or conserve recurring Colorado River
water that contributes to supplies in Lake Mead and other
Colorado River water reservoirs in the Lower Colorado River
Basin or projects to improve the long-term efficiency of
operations in the Lower Colorado River Basin, consistent with
the Secretary's obligations under the Colorado River Drought
Contingency Plan Authorization Act (Public Law 116-14) and
related agreements. None of these funds shall be used for the
operation of the Yuma Desalting Plant and nothing in this
section shall be construed as limiting existing or future
opportunities to augment the water supplies of the Colorado
River. Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than $20,000,000
shall be for planning or pre-construction activities related to
projects for the repair of critical Reclamation canals where
operational conveyance capacity has been seriously impaired by
factors such as land subsidence, especially those that would
imminently jeopardize Reclamation's ability to meet water
delivery obligations in drought prone states. Of the additional
funding provided under the heading ``Water Conservation and
Delivery'', not less than $10,000,000 shall be allocated to
aquifer recharge projects.
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 projects within the Anadromous
Fish Screen Program are eligible to compete for the additional
funding provided under ``Fish Passage and Fish Screens''.
Reclamation is also 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''.
The Committee provides additional funds for distinct
categories of works and the Committee notes that funding
allocations previously have been made from funds available
under one heading when another funding line is directly
applicable to the project or activity. The Committee expects
the activities funded to adhere to the categories for which
funding is provided.
Aging Infrastructure Account.--The Committee recommends
$500,000 for the Aging Infrastructure Account for the purpose
of making financing available for the cost of emergency and
extraordinary maintenance improvements to aging federal
Reclamation-owned facilities. The Committee does not support
allowing increases or decreases in transfer amounts at this
time and directs Reclamation to provide to the Committee prior
to the obligation of any funds for this purpose a report
detailing implementation plans for this program. As it
implements the program, Reclamation is encouraged to prioritize
financing improvements to eligible transferred operation and
maintenance work beneficiaries in drought prone areas with the
greatest need for repair.
Anadromous Fish Screen Program.--The Committee encourages
Reclamation to complete 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's Sacramento Valley Salmon
Resiliency Strategy. Additionally, Reclamation is encouraged to
maintain its focus on screening high priority diversions in the
San Joaquin River Basin.
B.F. Sisk Dam and San Luis Reservoir.--The Committee is
aware of seismic issues at B.F. Sisk Dam and supports the
Bureau of Reclamation's safety of dams modification project to
remediate this reservoir, which is important for the safety of
communities below the reservoir and the advancement of the B.F.
Sisk Dam Raise and Reservoir Expansion Project. The Committee
notes there are ongoing discussions between Reclamation and the
state of California over cost-share requirements related to the
construction of the dam safety project. Accordingly,
Reclamation is directed to work collaboratively with the State
of California to ensure a cost-share agreement can be signed
and the B.F. Sisk Dam Safety of Dams Modification project can
move forward expeditiously.
Columbia Basin Project.--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.
Land Resources Management Program.--No funding is provided
to purchase electric vehicles or related refueling or
recharging infrastructure in this program or from any amount
recommended for Reclamation.
Milk River Project.--The Committee recognizes the
importance of the Milk River Project and understands challenges
associated with the ability to pay for this economically
disadvantaged community. Reclamation is directed to provide to
the Committee not later than 90 days after enactment of this
Act a briefing on the opportunities to improve project
reliability for project beneficiaries.
Mni Wiconi Project.--Reclamation is urged to continue
working with Tribes and appropriate federal agencies to
coordinate existing authorities and available funding to
expedite needed community system upgrades and connections, as
well as transfers of those systems. The Administration is
encouraged to include appropriate funding for upgrades and
transferred community systems in future budget requests.
Research and Development, Desalination and Water
Purification Program.--The recommendation provides $12,000,000
from these balances for desalination projects as authorized in
section 4009(a) of Public Law 114-322.
Research and Development, Science and Technology Program:
Airborne Snow Observatory Program.--The recommendation includes
$4,000,000 for this program to support additional ASO flights.
Research and Development, Science and Technology Program:
Snow Water Storage Modeling.--The recommendation provides
$1,500,000 for Reclamation to continue coordination with the
U.S. Department of Agriculture and NOAA to improve real-time
and derived snow water equivalent information such that it can
be immediately used for water resources decision-making.
Salton Sea.--The fiscal year 2023 Act directed Reclamation
to provide a briefing on Reclamation's plan for managing the
air quality impacts of the estimated 8.75 square miles of lands
it owns that will emerge from the receding Sea over the next
decade. The Committee is still awaiting this briefing, and
Reclamation is directed to provide this briefing not later than
30 days after enactment of this Act. Reclamation is further
directed to provide to the Committee not later than 90 days
after enactment of this Act a report containing an updated
estimate of anticipated exposed federal lands over the next
decade and a funding estimate associated with meeting federal
Salton Sea obligations. Reclamation is encouraged to work with
other federal agencies with interests at the Salton Sea to
provide this report.
San Joaquin River Settlement.--None of the funds in this
Act are available for the San Joaquin River Settlement.
WaterSMART Program.--The Committee encourages Reclamation
to provide information to water utilities regarding tools,
programs, and financial instruments to address financial losses
and repairs related to residential water leaks.
WaterSMART Program, Cooperative Watershed Management
Program.--The Bureau of Reclamation is strongly encouraged to
conduct outreach on opportunities with this program for rural
and Tribal communities, as these regions typically have less
capacity to develop multi-benefit watershed projects.
Reclamation is further directed to take additional steps to
make the program more accessible and shall consider offering
funding opportunities more than once per year and streamlining
the application process.
WaterSMART Program, Environmental Water Resources
Projects.--Reclamation is reminded that environmental water
resources projects are eligible to compete for WaterSMART
grants.
WaterSMART Program, Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $20,000,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of Public Law 114-322.
Yakima River Basin Water Enhancement Project, Washington.--
The Committee is supportive of the Yakima Basin Integrated
Plan, developed to address water storage, water supply, and
fishery and ecosystem restoration needs for agriculture, fish,
and municipalities within the Yakima River Basin in Central
Washington and authorized by Public Law 116-9.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2023................................... $45,770,000
Budget estimate, 2024................................. 48,508,000
Recommended, 2024..................................... 48,508,000
Comparison:
Appropriation, 2023............................... +2,738,000
Budget estimate, 2024............................. - - -
This fund was established to carry out the provisions of
the Central Valley Project Improvement Act and to provide
funding for habitat restoration, improvement and acquisition,
and other fish and wildlife restoration activities in the
Central Valley area of California. Resources are derived from
donations, revenues from voluntary water transfers and tiered
water pricing, and Friant Division surcharges. The account is
also financed through additional mitigation and restoration
payments collected on an annual basis from project
beneficiaries.
The Committee recommends an indefinite appropriation, which
allows Reclamation to expend funds collected in fiscal year
2024. The estimate of collections in fiscal year 2024 is
$48,508,000.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2023................................... $33,000,000
Budget estimate, 2024................................. 33,000,000
Recommended, 2024..................................... 33,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
The California Bay-Delta Restoration account funds the
federal share of water supply and reliability improvements,
ecosystem improvements, and other activities being developed
for the Sacramento-San Joaquin Delta and associated watersheds
by a state and federal partnership (CALFED). Federal
participation in this program was initially authorized in the
California Bay-Delta Environmental and Water Security Act
enacted in 1996.
POLICY AND ADMINISTRATION
Appropriation, 2023................................... $65,079,000
Budget estimate, 2024................................. 66,794,000
Recommended, 2024..................................... 65,079,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -1,715,000
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.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. The Committee notes routine delays
or outright failures in responding to congressional inquiries
that are critical to informed decision making. Reclamation is
expected to provide timely and complete responses to requests
for basic information.
ADMINISTRATIVE PROVISION
The bill includes an administrative provision allowing for
the purchase of not more than 30 replacement motor vehicles.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Section 201 continues a provision regarding the
circumstances in which the Bureau of Reclamation may reprogram
funds.
Section 202 continues a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
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; 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; Other Defense
Activities; Power Marketing Administrations; and Federal Energy
Regulatory Commission.
Committee Recommendation
The Department of Energy has requested a total budget of
$52,571,112,000 in fiscal year 2024 to fund programs in its
four primary mission areas: science, energy, environment, and
national security. The recommendation provides $49,000,519,000
for the Department of Energy, $555,160,000 above fiscal year
2023 enacted and $3,570,593,000 below the budget request.
The Committee's recommendations for Department of Energy
programs in fiscal year 2024 are described in the following
sections. A detailed funding table is included at the end of
this title.
CONGRESSIONAL DIRECTION
Article I, section 9 of the United States Constitution
states, ``No money shall be drawn from the Treasury but in
consequence of Appropriations made by law.''
The Committee continues to include the Department's
reprogramming authority in statute to ensure that the
Department carries out its programs consistent with
congressional direction. This reprogramming authority is
established at the program, project, or activity level,
whichever is the most specific level of budget items identified
in this Act and the Committee report accompanying this Act. The
Committee also prohibits new starts through the use of
reprogramming and includes other direction to improve public
oversight of the Department's actions. In addition, the
recommendation continues to include a general provision
specifying which transfer authorities may be used for accounts
funded by this Act.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. Requesting and receiving basic,
factual information, including budget justification materials
and responses to inquiries, is vital in order to ensure
transparency and accountability. While some discussions
internal to the executive branch may be pre-decisional in
nature, the Committee's access to the facts, figures, and
statistics that inform the decisions of the executive branch
are not subject to the 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 the bill. 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 provided, 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 2023, 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.
DEPARTMENTAL MANAGEMENT
Staff Augmentation.--The Committee is concerned with the
number of laboratory contractor employees being utilized to
augment sensitive positions traditionally reserved for senior
federal employees and political appointees. The Department is
directed to provide to the Committee, not later than 60 days
after enactment, a report detailing the number, position,
assignment duration, and cost, if reimbursable by the
Department, on the aforementioned staff augmentations.
Future Year Energy Plan.--The Comptroller General of the
United States is directed to review the interagency actions
causing delayed implementation of section 304 of division B of
the Consolidated Appropriations Act, 2012 (Public Law 112-74).
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.
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. Additionally, the Department is directed to
investigate the feasibility of administering all or part of the
SBIR and STTR programs for applied Departmental program offices
through the Office of Technology Transitions and to report its
findings to the Committee not later than 180 days after
enactment of this Act.
Mortgaging Future-Year Awards.--The Committee remains
concerned about the Department's practice of making awards
dependent on funding from future years' appropriations. The
fiscal year 2022 Act directed the Department to provide a
briefing on how it can better track and provide information
about the accounting of future-year awards by control point.
The Committee is still awaiting this briefing and directs the
Department to provide it not later than 15 days after enactment
of this Act.
General Plant Projects.--In alignment with the requirements
of section 3118(c) of the National Defense Authorization Act
for FY2010, the Department is directed to notify the Committee
at least 15 days prior to starting any General Plant Project
unless the project is directed by this recommendation or
explicitly included in the fiscal year 2024 budget request.
The Department is directed to develop a strategy to ensure
entities that receive funding under this title and that are
partnering with foreign-owned or partially foreign-owned
organizations are protecting novel technologies from, and the
flow of information to, off-shored entities. This strategy
shall include mechanisms to conduct effective oversight to
protect this technology and information. The Department is
directed to provide to the Committee not later than 180 days
after enactment of this Act a briefing on this strategy.
MULTI-PROGRAM DIRECTIVES
Commonwealth of Puerto Rico and the U.S. Virgin Islands.--
The Committee notes that the fiscal year 2023 House report
directed the Department to provide a briefing on its efforts to
offer technical and other programmatic assistance to the
Commonwealth of Puerto Rico regarding the implementation of
innovative energy technologies.
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. 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.
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, 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.
Industrial Sector Research and Development Activities.--The
Committee supports the Department's efforts to foster
innovation and enable rapid scale up of cost-competitive, low-
emissions technologies for the industrial sector. The
Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a Multi-Year Program
Plan (MYPP) to ensure coordination across all participating
offices. The MYPP should be updated annually to reflect changes
in technology development.
Quantum Computing International Sourcing.--The Committee is
concerned that the implementation of foreign-sourced quantum
technologies within the Department and its installations has
great potential to pose a risk to our national security
priorities. As the Department and its ecosystem partners
continue to advance our quantum computing capabilities, it is
imperative that the United States leverage its international
allies to outpace our adversaries in the development of such
technologies. The Committee appreciates the ongoing efforts of
the United States to promote cooperation between United States,
United Kingdom, and Australia on quantum computing under the
AUKUS Quantum Arrangement and encourages increased cooperation
under the AUKUS partnership. Accordingly, the Committee directs
the Department to submit to the Committee not later than 180
days following the enactment of this Act a report on the
international sourcing of quantum computing technologies, to
include refrigeration systems, magnets, and other foundational
components of such systems, and the threat posed by continued
reliance on those components to the advancement of quantum
computing technologies in the United States. Further,
considering the advancements in quantum computing by rival
international actors, this report should discuss strategies for
sourcing quantum computing components exclusively from
countries already party to a security cooperation agreement
with the United States. This report should be unclassified but
may include a classified annex.
Hydrogen Energy and Fuel Cell Coordination.--The Department
is directed to coordinate its efforts in hydrogen energy and
fuel cell technologies across EERE, FECM, NE, OE, the Office of
Science, the Office of Clean Energy Demonstrations, the
Advanced Research Projects Agency--Energy, and any other
relevant program offices to maximize the effectiveness of
investments in hydrogen-related activities.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Appropriation, 2023................................... $3,460,000,000
Budget estimate, 2024................................. 3,826,116,000
Recommended, 2024..................................... 2,994,000,000
Comparison:
Appropriation, 2023............................... -466,000,000
Budget estimate, 2024............................. -832,116,000
The Energy Efficiency and Renewable Energy account supports
activities of the Office of Energy Efficiency and Renewable
Energy, the Office of State and Community Energy Programs, the
Office of Manufacturing and Energy Supply Chains, and the
Federal Energy Management Program.
The Office of Energy Efficiency and Renewable Energy (EERE)
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 enable greater vehicle electrification,
commercially viable hydrogen fuel cell trucks, sustainable
aviation fuel from biomass, and lower-pollution options for
off-road vehicles, rail, and maritime transport. The renewable
energy portfolio, which consists of the solar, wind, water,
geothermal, and renewable energy integration programs, supports
efforts to reduce the costs and accelerate the use and
integration of renewables to contribute to a reliable, secure,
and resilient electric grid. The energy efficiency portfolio,
which consists of the industrial efficiency and
decarbonization, advanced materials and manufacturing
technologies, and buildings programs, develops cost-effective
solutions to reduce energy consumption in plants, buildings,
and homes.
The Office of State and Community Energy Programs (SCEP)
focuses on efforts under the Weatherization Assistance Program
and State Energy Program to increase energy affordability and
efficiency by working with state and local-level implementation
partners.
The Office of Manufacturing and Energy Supply Chains (MESC)
prioritizes activities to strengthen and secure manufacturing
and energy supply chains needed to modernize the nation's
energy infrastructure.
The Federal Energy Management Program (FEMP) provides
technical assistance and financial assistance to federal
agencies to reduce energy consumption by identifying affordable
solutions, facilitating public-private partnerships, and
sharing and leveraging government best practices.
The Department is directed to maintain a balanced portfolio
of research, development, demonstration, and deployment
activities. The Department is encouraged to examine its
portfolio on a regular basis and prioritize activities as
necessary to maintain balance across research, development,
demonstration, and deployment activities.
Aquatic Decarbonization.--The recommendation provides up to
$40,000,000 for crosscutting efforts that will contribute to
multiple areas of ocean- and water-based energy technologies
and support research, development, and infrastructure that
leverages the Department's existing ocean-based assets and
infrastructure. The Department is directed to provide to the
Committee prior to the obligation of these funds a detailed
spending plan highlighting which offices are contributing to
this effort and the planned investments in research,
development, and deployment, including infrastructure needs.
Industrial and Manufacturing Technologies.--The Committee
supports the Department's efforts to increase energy
efficiency, reduce emissions, and implement smart manufacturing
improvements in the industrial and manufacturing sectors. The
Committee notes the advances the Department has made in the
research and development space and urges the Department to
continue its focus on research, demonstration, and deployment
activities as well as technical assistance.
Manufactured Housing.--The Department is directed to
coordinate with the Department of Housing and Urban Development
when developing any energy standards for manufactured housing.
The goal of such coordination should be that any future energy
standards would be agreed upon by both Departments prior to
being adopted into the Manufactured Housing Construction and
Safety Standards (24 C.F.R. 3280).
Workforce Development.--The Committee supports training and
workforce development programs that assist and support workers
in trades and activities required for the continued growth of
the U.S. energy sector, including training programs focused on
building retrofits, the construction industry, and the electric
vehicle industry. The Department is encouraged to continue to
work with two-year, community and technical colleges; labor;
and nongovernmental and industry consortia to pursue job
training programs, including programs focused on displaced
fossil fuel workers, that lead to an industry-recognized
credential in the energy workforce.
SUSTAINABLE TRANSPORTATION
The recommendation provides $35,000,000 to continue the
SuperTruck III program in support of the electrification of
medium- and heavy-duty vehicles, including Class-8 long haul
trucks, and associated charging infrastructure.
Vehicle Technologies.--The recommendation provides not less
than $190,000,000 for Battery and Electrification Technologies,
including for electric vehicle (EV) battery recycling
technology.
The recommendation provides up to $10,000,000 to improve
12-volt lead batteries for safety-critical EV applications.
The recommendation provides $2,000,000 for a competitive
solicitation for university-led teams to develop vehicular or
structural strategies to reduce the likelihood of cascading
effects during EV fires.
The recommendation provides $2,000,000 for further
research, development, and demonstration activities on advanced
wireless power transfer technologies, including charging coils
that reduce cost and improve performance of wireless power
transfer, and to demonstrate wireless vehicle charging,
including in colder climates that have high ratios of renewable
energy generation.
The recommendation provides not less than $35,000,000 for
Decarbonization of Off-Road, Rail, Marine, and Aviation
Technologies.
The recommendation provides $10,000,000 for research and
development of engine architectures that integrate low-carbon
fuels like ethanol and biodiesel, including the performance of
these engines on higher blends of renewable fuels.
The recommendation provides $5,000,000 to continue research
and development in advanced combustion and engine technology
efficiency in propane engines used for medium- and heavy-duty
on-road and non-road applications. This research should include
direct injection and engine technology and the use of dimethyl
ether.
The recommendation provides up to $15,000,000 to advance
energy efficiency improvements and low-carbon fuels for off-
road applications. The Department is directed to prioritize
applications in ports, warehouses, and railyards. Within these
funds, the recommendation provides up to $5,000,000 for fluid
power systems. These funds shall be awarded through a
competitive solicitation in which university and industry teams
are eligible to apply.
The recommendation provides $100,000,000 for Vehicle
Technology Integration and Deployment, previously called
Outreach, Deployment, and Analysis.
The Department is directed to continue to support the Clean
Cities alternative fuels deployment program focused on vehicles
that can deliver lower emissions and meet customer needs, which
can include vehicles powered by biofuels, electricity,
hydrogen, natural gas, renewable natural gas, propane, and
renewable propane. The nation's Clean Cities Coalitions are
uniquely suited to assist state and local governments, school
districts, and public and private sector fleets with successful
implementation of the sustainable transportation programs.
Within available funds, the recommendation provides not less
than $65,000,000 for deployment through the Clean Cities
program, including not less than $20,000,000 in direct
cooperative agreements with the Clean Cities Coalitions and not
less than $40,000,000 for competitive grants to support
alternative fuel, infrastructure, new mobility, and vehicle
deployment activities. When issuing competitive grants in
support of these activities, the Department is encouraged to
include some awards that range from $500,000 to $1,000,000 each
and to include at least one Clean Cities coalition partner. The
Committee encourages the Department to ensure balance in the
award of funds to achieve varied aims in fostering broader
adoption of clean vehicles and installation of supporting
infrastructure. The Committee further encourages the Department
to prioritize projects that can contribute the greatest
reductions in lifecycle emissions. 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, including through grants,
technical assistance, and community engagement, for
electrification efforts.
The recommendation provides not less than $5,000,000 for
electric vehicle workforce development activities. The
Department is encouraged to build upon its existing
partnerships with the GridEd workforce training program to
advance a national electric vehicle workforce.
The Department is encouraged to support the development of
all-electric harbor assist tugs designed for deployment in
harbors within the Great Lakes Region and other inland
waterways.
The recommendation provides $40,000,000 for Energy
Efficient Mobility Systems. The recommendation includes no
funding for the new requested activity to link workforce
development and clean energy outcomes in underserved
communities.
The Committee recognizes combusting hydrogen in internal
combustion engines may offer a practical pathway to zero-carbon
fuels. The recommendation provides $10,000,000 for novel engine
designs that can achieve significant efficiency improvements in
hydrogen combustion. The Department is encouraged to support
research and development for hydrogen combustion by two-stroke
opposed piston engines.
The Committee encourages the Department, in coordination
with the Joint Office of Energy and Transportation (Joint
Office), to ensure that analysis and accommodation of the
unique needs of medium- and heavy-duty electric vehicle
charging infrastructure are included in electric vehicle
infrastructure deployment and guidance.
The Committee is concerned about the challenge of remotely
located charging sites, especially those not in proximity to
the existing electric grid as well as in grid-constrained
areas. The Committee encourages the Hydrogen Fuel Cells
Technology Office to coordinate with the Joint Office to
examine the potential of hydrogen to provide power for electric
vehicle charging in grid-constrained locations.
The Committee recognizes the increasing domestic
manufacturing opportunities for electric battery production for
vehicles. The Committee encourages the Department to expand
domestic manufacturing opportunities for electric vehicle
batteries and associated technologies, including advanced
battery charge control optimization technologies that are
proven to improve safety, extend cycle life, and enhance
charging speeds, including cold weather charging.
The Committee notes there are ongoing efforts to further
the use of technologies that will reduce emissions in existing
locomotive fleets, such as different blends of renewable diesel
and biodiesel, as well as to accelerate the commercial
viability of alternative propulsion methods, including
batteries and hydrogen fuel cells. The Committee directs the
Department to regularly consult with railroads and rail
manufacturers and suppliers to determine which research
projects will best advance the commercial viability of these
respective technologies and help to identify the pathway to
decarbonization for the industry.
The Committee encourages the Department to coordinate
electric vehicle and related infrastructure funding with other
relevant agencies.
The Committee directs EERE and the Office of Fossil Energy
and Carbon Management to jointly issue a competitive
solicitation for research, development, and demonstration
projects that combine both recycling technologies and rare
earth element separation technologies.
The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing on an
assessment of the effects of EVs on energy demand, consumer
costs, critical mineral demand and conservation, grid
reliability and integration, and energy security and how
varying efficiency of EVs would alter these effects. In
conducting the assessment, the Department should seek input
from industry and other relevant stakeholders, as appropriate.
Bioenergy Technologies.--The recommendation provides not
less than $45,000,000 for feedstock technologies research and
the Biomass Feedstock National User Facility and $40,000,000
for algae-related activities.
The recommendation provides $4,000,000 for research and
development of the increased viability of renewable propane to
pursue new production pathways to sustainable aviation fuel and
other high-impact products from municipal waste; agricultural
residue; forest resources; and fats, oils, and grease.
The Committee directs the Department to work with the U.S.
Department of Agriculture to update the 2016 Billion Ton Study
and report on the availability of all potential feedstock
sources for biofuels, including from forestry and agriculture,
and evaluate the true potential of crop-based biofuels such as
ethanol, biodiesel and renewable diesel, as well as crop-based
aviation fuel. The updated study should further explore the
potential of biomass-based feedstock coupled with carbon
capture and sequestration to generate fuels with negative
carbon intensities.
The Committee encourages the Department's continued work on
sustainable aviation fuels. The Committee is aware that the
Department has convened a lifecycle greenhouse gas emissions
working group to define and agree on the appropriate science-
based methodology for establishing lifecycle emissions
reductions under the Sustainable Aviation Fuel Grand Challenge.
The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a report
outlining carbon accounting tools under consideration by the
working group and an assessment of how feedstocks compare under
the Argonne GREET model versus other models.
Hydrogen and Fuel Cell Technologies.--The Department is
directed to maintain a diverse program that focuses on early-,
mid-, and late-stage research and development and technology
acceleration, including market transformation. The Department
is directed to continue to emphasize hydrogen production and
the development of hydrogen refueling infrastructure nationwide
to accelerate the adoption of zero-emission fuel cell
transportation. The Department is directed to maintain regular
consultation with industry to avoid duplication of private-
sector activities and ensure retention of fuel cell technology
and systems development in the United States.
The Department is directed to continue research and
development activities aimed at reducing the cost of hydrogen
production, storage, and distribution. This work should include
novel onboard hydrogen tank systems, trailer delivery systems,
and development of systems and equipment for hydrogen
pipelines. In addition, the Department is directed to continue
research and development activities reducing cost, increasing
durability, and improving the efficiency and performance of
critical hydrogen hardware such as measurement devices for
fueling stations, hydrogen compressor components, and other
hydrogen station dispensing components.
The recommendation provides not less than $100,000,000 for
H2@Scale activities to support the development of hydrogen as a
clean energy resource for hard-to-electrify transportation
applications and to help build out the infrastructure needed to
transport and store hydrogen.
The recommendation provides up to $60,000,000 for
technologies to advance hydrogen use for hard-to-electrify
transportation applications, including locomotives, maritime
shipping, and aviation.
The Committee notes that hydrogen carriers can play a
critical role in enabling widespread adoption of hydrogen
energy for commercial, industrial, and transportation use. The
recommendation provides $10,000,000 for hydrogen carriers for
delivery, storage, and release. The Committee directs the
Department to coordinate its work on hydrogen carriers with the
national laboratories, the Office of Science, and the Office of
Clean Energy Demonstrations.
The Committee supports the Department's continued
activities for high temperature electrolyzer development and
integrated pilot level technology testing and validation,
including at national laboratories.
The Department is directed to assess how alkaline and
proton exchange membrane (PEM) electrolyzers respond to
variable operation conditions associated with electricity from
intermittent sources, specifically the impact on performance
and lifetime. The Department is directed to conduct large-scale
testing and analysis in conjunction with an electric power
research organization, utilities, and other stakeholders. The
Department is directed to conduct tests under various
conditions and configurations and in geographically diverse
regions, including the Northeast. The results shall be made
publicly available to contribute to grid reliability and plant
design optimization.
RENEWABLE ENERGY
The Committee supports the work the Wind Energy
Technologies Office and the Water Power Technologies Office are
doing to support university-led research projects related to
resource characterization, site planning, aquaculture
assessments, community outreach, and planning for long term
environmental monitoring for applications of marine energy and
floating offshore wind technologies to support sustainable,
scalable aquaculture production.
Solar Energy Technologies.--The recommendation provides
$60,000,000 for Concentrating Solar Power Technologies and
$77,000,000 for Photovoltaic Technologies.
The recommendation provides $35,000,000 for Balance of
Systems Soft Cost Reduction. The Committee is encouraged by the
success of the SolarAPP+ program in facilitating easier, less
expensive, faster, and more efficient permitting for solar
projects through automation. The Department is encouraged to
explore ways in which similar automated processes can increase
efficiency and predictability in establishing interconnections
with the utility distribution grid.
The recommendation provides not less than $5,000,000 for
the National Community Solar Partnership program.
The Committee supports the Department's decision to award
funding for the Cadmium Telluride (CdTe) Accelerator Consortium
as a comprehensive and systematic approach to support CdTe
photovoltaics. This work will advance low-cost manufacturing
techniques and domestic research in this important domestic
sector. The Committee notes that the United States is a leader
in CdTe manufacturing, contributing to high-value job
production in the Midwest and elsewhere. The recommendation
provides not less than $30,000,000 for research, development,
and demonstration activities related to cadmium telluride. This
work shall align with the goals of the technology roadmap for
research: reducing CdTe module manufacturing costs, addressing
supply chain challenges, achieving greater cell and module
efficiency, cutting CdTe solar costs while extending solar
panel life, and increasing the global market share of
domestically produced photovoltaics.
The recommendation provides $25,000,000 for research,
development, and demonstration activities related to
perovskites.
The Committee is aware of and supports the recently
established Perovskite Accelerator for Commercializing
Technologies (PACT) Center, which has been established for
testing the durability of perovskite photovoltaics. The
Department is encouraged to consider establishment of a
companion research accelerator to advance the underpinnings of
the technology, following the model established for the CdTe
Consortium that was announced by the Department in 2020.
The Department is directed to continue supporting the
regional demonstration sites under the Solar Energy
Technologies Office.
The Committee supports research activities to develop
advanced low-cost manufacturing process technologies, including
reduced material consumption and faster processing with fewer
steps. The Committee also supports early-stage research on
photovoltaics based on earth-abundant materials focusing on
scalable production methods, material stability, and ultrahigh
efficiency tandem photovoltaic cell manufacturing approaches.
Wind Energy.--The recommendation provides not less than
$18,000,000 for distributed wind technologies to support
research activities that lead to lower costs and increased
deployments of distributed wind systems for rural homes, farms,
and other applications.
Within available funds for offshore wind, the
recommendation provides $10,000,000 for continued development
of floating foundation technologies, including concrete, for
floating wind turbines.
Within available funds for offshore wind, the
recommendation provides $6,000,000 for Centers of Excellence
focused on offshore wind energy engineering, infrastructure,
supply chain, transmission, and other pertinent issues required
to support offshore wind in the United States.
The Committee supports collaborations with the National Sea
Grant College Program for regional capacity to provide science-
based community engagement associated with floating offshore
wind development and encourages continuation and expansion of
its efforts.
The Committee continues to support efforts to develop a
university-based testing facility for industrial prototyping
and manufactoring of turbine systems capable of producing
upwards of 30 megawatts of power per unit and grid integration
efforts for offshore wind turbine capabilities.
Water Power.--The recommendation provides $50,000,000 for
Hydropower Technologies and $105,000,000 for Marine Energy.
The Committee remains supportive of the Department's
ongoing scoping activities toward establishing a network of
hydropower testing facilities. The recommendation provides up
to $10,000,000 to begin implementation of the recent scoping
analysis, including design and engineering activities.
The recommendation provides up to $5,000,000 for irrigation
modernization demonstration and deployment activities including
physical sites and digital tools that advance energy, water,
environmental, community, and agricultural benefits.
The recommendation provides up to $10,000,000 for the
purposes of sections 242 of the Energy Policy Act of 2005.
Within available funds, the recommendation provides
$24,000,000 for the Powering the Blue Economy efforts. The
Department is directed to continuing leveraging existing core
capabilities at national laboratories to execute this work, in
partnership with universities and industry.
Within available funds, the recommendation provides not
less than $10,000,000 for continuation of foundational research
activities led by the National Marine Energy Centers and
affiliated universities and research institutions.
Within available funds for Marine Energy, the
recommendation provides up to $15,000,000 to address
infrastructure needs at marine energy technology testing sites.
The Department is directed to continue to coordinate with
the U.S. Navy and other federal agencies on marine energy
technology development for national security and other
applications.
The Committee supports the Department's engagement on
research and workforce development with U.S. universities,
particularly with its National Marine Renewable Energy Centers.
The Committee encourages the Department to continue its
Powering the Blue Economy efforts, including crosscutting
initiatives within EERE and with other federal partners that
integrate marine energy harvesting, energy storage, and
continuous, wide area environmental monitoring.
Geothermal Technologies.--The recommendation provides not
less than $100,000,000 for competitively awarded enhanced
geothermal system demonstrations (EGS) and next-generation
geothermal demonstration projects in diverse geographic areas.
The Department is encouraged to prioritize EGS demonstration
projects that have previously received earlier-stage
competitive Frontier Observatory for Research in Geothermal
Energy (FORGE) funding to test and validate their technology.
The Department is directed to include demonstration projects in
an area with no obvious surface expression or to develop deep,
direct use geothermal technologies to distribute geothermal
heat through an integrated energy system or district heating
system. The Department is directed to consider geothermal
demonstrations in which water, at that depth, would reach
supercritical conditions and demonstrate incremental
improvements toward producing supercritical water at the
surface. In addition, the Committee urges the Geothermal
Technologies Office to focus on the development of a pathway to
producing high-temperature geothermal energy on a commercial
scale.
Within available funds, the recommendation provides
$40,000,000 for FORGE.
ENERGY EFFICIENCY
Advanced Manufacturing.--The Committee accepts the budget
request proposal to split the Advanced Manufacturing Office
into two new control points: the Industrial Efficiency and
Decarbonization Office and the Advanced Materials and
Manufacturing Technologies Office. The Committee notes the
budget request lacks clarity on specific funding levels for
numerous ongoing programs. The Committee directs the Department
to provide additional information on funding levels for the
Manufacturing Demonstration Facility, the Critical Materials
Institute, and the Clean Energy Manufacturing Innovation
Institutes.
Industrial Efficiency and Decarbonization.--Within
available funds, the recommendation includes $10,000,000 to
support research and development of innovative technologies
aimed at both increasing U.S. technological and economic
competitiveness and reducing emissions in the production of
iron, steel, and steel mill products.
Within available funds, the recommendation provides
$20,000,000 for continued research for energy efficiency
improvement and emissions reduction in the chemical industry,
including dynamic catalyst science coupled with data analytics.
Within the available funds, the recommendation provides
$20,000,000 for technical assistance and research and
development to help water and wastewater treatment facilities
achieve energy efficiency, including through the deployment of
alternative energy sources, as appropriate. The Department is
encouraged to support innovation in water technologies that
will incentivize technology developments for the blue economy.
The Committee notes that industrial drying processes
consume approximately 10 percent of the process energy used in
the manufacturing sector. Within available funds, the
recommendation provides $10,000,000 for the issuance of a
competitive solicitation for university and industry-led teams
to improve the efficiency of industrial drying processes.
Within available funds, the recommendation provides not
less than $10,000,000 for the Lab-Embedded Entrepreneurship
Program to advance the entrepreneurial development of clean
energy innovations.
Within available funds, the recommendation provides up to
$5,000,000 to support research and development activities to
test water reuse technologies in chips manufacturing
specifically targeting high-yield manufacturing regions facing
water scarcity issues.
The Committee directs EERE to coordinate research efforts
on industrial emissions with FECM and to partner with an
institution of higher learning to conduct research on air
emissions from energy-intensive manufacturing facilities, such
as cement facilities. The research shall focus on the
combustion and energy recovery of non-traditional fuels, such
as biomass, wood, pulp and paper, agricultural waste, plastics,
and municipal waste. The Committee expects the program to
collect data to better analyze calorific and heating values;
emissions data for lifecycles of the fuel; fuel collection,
processing, and supply efforts; and any regulatory barriers.
The Committee directs the Department to provide not later than
90 days after enactment of this Act a briefing on the status of
its data collection efforts.
The Committee notes the Energy-Water Desalination Hub has
been fully funded through fiscal year 2024 and does not require
additional funding in this Act.
Advanced Materials and Manufacturing Technologies.--Within
available funds, the recommendation provides $25,000,000 for
the Manufacturing Demonstration Facility (MDF) and the Carbon
Fiber Technology Facility.
Within available funds, the recommendation provides
$50,000,000 for Critical Materials, including the Critical
Materials Institute and additional research, development, and
demonstration activities for efficient material production and
recycling, as well as production of alternatives.
The recommendation provides $60,000,000 for Energy
Technology Manufacturing.
Within available funds, the recommendation provides
$10,000,000 for the development of advanced tooling for
lightweight automotive components. The Department is directed
to further foster the partnership between the MDF,
universities, and industry in the Great Lakes region for
economic growth and technology innovation, thereby accelerating
technology deployment and increasing the competitiveness of
U.S. manufacturing industries.
Within available funds, the recommendation provides
$5,000,000 to develop a framework enhancing the utilization of
additive manufacturing technologies to rapidly and sustainably
manufacture largescale structures. The Department is encouraged
to partner with industry experienced in the industrialization
of additive manufacturing of structural components in carrying
out this research.
Within available funds, the recommendation provides
$5,000,000 for the issuance of a competitive solicitation for
industry-led teams to lessen the dependence on using foreign
suppliers of films, reduce the energy transportation costs of
using foreign-made films, and develop critical domestic
manufacturing capabilities to produce nanolayered capacitor
film and film manufacturing capabilities.
Within available funds, the recommendation provides
$5,000,000 for advanced manufacturing of large offshore wind
blades.
Within available funds, the recommendation provides up to
$20,000,000 to continue development of additive manufacturing
involving nanocellulose feedstock materials made from forest
products. This work shall be conducted in partnership with the
MDF to leverage expertise and capabilities for large scale
additive manufacturing.
The Committee supports research and development activities
to improve the sustainability and competitiveness of U.S.
mining operations, including the beneficial use of byproducts
such as capturing excess nitrogen oxide and utilizing it to
produce ammonium sulfate fertilizer suitable for agricultural
use.
Building Technologies.--The recommendation provides
$55,000,000 for Commercial Building Integration, $45,000,000
for Residential Buildings Integration, and $40,000,000 for
Equipment and Building Standards.
The recommendation provides $10,000,000 for Building Energy
Codes to meet statutory obligations.
The Committee recommends not less than $25,000,000 for
research, development, demonstration, and commercial
application activities related to advanced solid-state lighting
technology development. These activities shall include research
considering the intersection of solid-state lighting efficiency
and human health and new market deployment opportunities. In
accordance with the Energy Policy Act of 2005, the Department
is encouraged to work in coordination with the industry
alliance that was established as part of the Act.
The Department is encouraged to ensure its support of
technical assistance and workforce development activities is
reaching small energy efficiency businesses that have had
difficulties accessing federal support.
The Committee urges the Department to support, to the
extent practicable, research and development to advance the
effectiveness of American-made insulation and weatherization
materials used in the construction of residential homes and
commercial buildings to improve building envelope integrity and
energy efficiency.
The Department is encouraged to advance research that
supports building upgrades and energy efficiency retrofits of
homes. This work may include partnerships with cities, states,
affordable housing entities, utilities, manufacturers, and
others to spur innovative approaches and dramatically drive
investment in energy upgrades of homes. In addition, these
efforts may include work in grid-integrated efficient buildings
and inclusion of smart grid systems, demand flexibility, as
well as new initiatives in workforce training to ensure the
technology and research findings reach practitioners. Programs
and investments may promote solutions that consider consumer
interests and are therefore more likely to gain widespread
uptake. The Department is encouraged to support research,
demonstration, and field testing of new technology and focusing
on facilitating widespread deployment and dissemination of
information and best practices through direct engagement with
builders, the construction trades, equipment manufacturers,
smart grid technology and systems suppliers, integrators, and
state and local governments and other market transformation
activities.
The Department is encouraged to continue to explore
research and development that can advance future natural gas,
renewable natural gas, propane gas, and renewable propane gas
systems and appliances, including hybrid technologies and
controls, to meet consumer demand for high efficiency and
environmentally friendly products. The Department is encouraged
to continue research, development, and market transformation
programs on energy efficiency and demand management efforts
related to the direct use of natural gas and propane gas in
residential applications, including gas heat pump heating with
power generation and water heating, on-site combined heat and
power, and gas appliance venting, and on site (micro) combined
heat and power including a cooling integration with renewables.
The Committee recognizes the mission of the Department to
advance research to improve energy efficiency in industrial
buildings and directs the Department to support collaborative
projects with the Department of Agriculture's Agricultural
Research Service (ARS) to improve the energy efficiency in
controlled environmental agriculture (CEA). The Committee
encourages the Department, in collaboration with the ARS, to
investigate and evaluate use of thin films to prevent
emissions, improve energy efficiency, and maintain target
temperatures and light levels.
The Committee is encouraged by the potential of ground
source heat pumps to help cost-effectively reduce building
energy consumption, reduce emissions, and increase resiliency
in the building sector. The Committee encourages the Buildings
Technologies Office, in coordination with the Geothermal
Technologies Office, to consider ground source heat pumps into
its building efficiency technologies initiatives and funding
opportunities. The Committee directs the Department to provide
a briefing to the Committee not later than 90 days after
enactment of this Act regarding steps it is taking to increase
the use of this cost-saving technology.
STATE AND COMMUNITY ENERGY PROGRAMS
Within State and Community Energy Programs, the Department
is encouraged to provide technical assistance for energy
efficiency and resiliency retrofits to public buildings,
including schools, hospitals, and community centers.
The Department is encouraged to coordinate activities to
convene municipal governments, provide robust and tailored
technical assistance to municipal governments, and provide
funding and support to municipal governments or national and
local partner organizations to implement best practices to
advance energy efficiency adoption, building and vehicle
electrification, grid modernization, distributed electricity
generation, and workforce development at the local level. The
Department is encouraged to include work with organizations
that convene and support municipal governments.
The Committee recognizes the importance of providing funds
to states, local governments, and tribes in a timely manner to
avoid any undue delay of services to eligible low-income
households. Therefore, the Department is directed to obligate
funds expeditiously to grantees.
Weatherization.--The Department is encouraged to work
collaboratively with the Building Technologies Office to
develop a unified approach to residential workforce training
and standardized residential energy efficiency upgrade
packages.
MANUFACTURING AND ENERGY SUPPLY CHAINS
The Committee supports the continued operation of the
university-based Industrial Assessment Centers (IAC), including
new assessments with small and medium-sized manufacturers. The
Committee encourages the Department to ensure the existing IACs
also will work with other assessment centers at community
colleges, technical schools, and workforce training programs.
The Committee recognizes the importance of permanent rare
earth magnets in defense applications, energy technologies, and
other commercial products. As the Office of Manufacturing and
Energy Supply Chains (MESC) fulfills its responsibilities
related to supporting the manufacturing capacity for advanced
energy projects, the Committee encourages MESC to demonstrate
support for those projects that onshore the domestic supply
chain for these magnets.
The Committee notes the Department's previous awards
focused on lithium-ion based battery chemistries. The Committee
believes the Department should also seek to accelerate the
deployment of domestic battery manufacturing for alternatives
to lithium-ion chemistries in areas such as stationary, grid,
and other battery energy storage end-use applications. The
Department is encouraged to craft programmatic advanced battery
solicitations focused on a broad spectrum of non-lithium-ion
battery chemistries for these other application areas including
grid-scale batteries.
The Committee directs the Department to support battery
materials processing pilot projects, including projects that
focus on battery technology, safety, costs, and efficiency as
well as manufacturing processes and scale, seeking to overcome
market barriers and commercialize next-generation EV battery
technology. Furthermore, not later than 180 days after
enactment of this Act, the Department shall brief the Committee
regarding ways that battery materials processing grants are
being utilized, or planned to be utilized, to support domestic
vehicle battery manufacturing.
FEDERAL ENERGY MANAGEMENT PROGRAM
The recommendation provides up to $2,000,000 for workforce
development and the Performance Based Contract National
Resource Initiative.
CORPORATE SUPPORT
Program Direction.--The recommendation provides not less
than $22,000,000 for the Office of State and Community Energy
Programs, not less than $1,000,000 for the Office of
Manufacturing and Energy Supply Chains, not less than
$14,000,000 for the Federal Energy Management Program, and not
less than $180,000,000 for the Office of Energy Efficiency and
Renewable Energy.
Cybersecurity, Energy Security, and Emergency Response
Appropriation, 2023................................... $200,000,000
Budget estimate, 2024................................. 245,475,000
Recommended, 2024..................................... 200,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -45,475,000
The Office of Cybersecurity, Energy Security, and Emergency
Response (CESER) leads efforts to secure the nation's energy
infrastructure against all hazards, reduce the risks of and
impacts from cyber events and other disruptive events, and
assist with restoration activities. A reliable and resilient
power grid is critical to the nation's economic competitiveness
and leadership.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
In light of documented cyber targeting of utilities,
including by state actors, the Committee encourages the
Department to incorporate pilot programs with energy industry
asset owners and operators able to demonstrate active defense
cybersecurity protection.
Risk Management Technology and Tools.--The Committee
supports consequence-driven cyber-informed engineering and
efforts to enable security by design through execution of the
national cyber-informed engineering strategy.
The recommendation includes no funding to establish the
Energy Cybersecurity Center of Excellence. The Committee
strongly supports efforts to ensure that cybersecurity is
integrated into the designs of energy delivery systems but does
not support the proposed Center of Excellence model to achieve
those results. The Committee directs CESER to provide a
briefing on its ongoing activities to integrate cybersecurity
into the designs of energy delivery systems, what prevents
CESER from achieving these results, and how CESER can address
any gaps within its ongoing programs.
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 Electricity.
The recommendation includes not less than $5,000,000 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 Committee directs
CESER to lead these activities in coordination with the Office
of Electricity and EERE.
The recommendation provides not less than $4,000,000 to
conduct a demonstration program of innovative technologies,
such as technologies for monitoring vegetation management, to
improve grid resiliency from wildfires.
The recommendation provides $5,000,000 to enhance quantum
entanglement networking research and development at a quantum-
ready municipal utility to research and demonstrate quantum-
protected network capability for securing communications
between energy systems, to include microgrid communication from
a control center to a microgrid and internal communications
within the microgrid, the capability for electric grid
resiliency for reuse at the Department's electric grid
facilities, and to protect electric grid Supervisory Control
and Data Acquisition (SCADA).
The Committee recommends $15,000,000 to support a regional
pilot to foster partnerships between national laboratories,
universities, electricity sector utilities, and State and local
government entities to identify and mitigate the prevalent and
constantly evolving national security threats to regional
infrastructure.
Response and Restoration.--The Committee supports the
Energy Threat Analysis Center (ETAC) concept and previous
planning efforts for building out the ETAC pilot. However, the
Committee is concerned the Department has been moving forward
on long-term decisions without appropriately analyzing or
communicating future funding requirements. The Committee
directs the Department to provide not later than 15 days after
enactment of this Act and prior to the issuance of any funding
for ETAC a briefing on its plans to fully implement ETAC. The
briefing shall include a multi-year program plan that provides
cost estimate information by fiscal year on ETAC site selection
and alternative site analyses, staffing costs, operating costs,
real estate and facility costs, and any shared costs that are
expected from other offices at the Department of Energy or
other agencies in the federal government.
Preparedness, Policy, and Risk Analysis.--The Committee
directs the Department to establish partnerships between
national labs, public universities, and private industry to
develop and implement a semiconductor industry workforce
cybersecurity curriculum.
Electricity
Appropriation, 2023................................... $350,000,000
Budget estimate, 2024................................. 297,475,000
Recommended, 2024..................................... 315,600,000
Comparison:
Appropriation, 2023............................... -34,400,000
Budget estimate, 2024............................. +18,125,000
The Electricity account supports activities of the Office
of Electricity and the Grid Deployment Office. The Office of
Electricity (OE) leads efforts in developing new technologies
to strengthen, transform, and improve electricity delivery
infrastructure so all consumers have equitable access to
resilient, secure, and clean sources of electricity. The Grid
Deployment Office (GDO) focuses on the development of new and
upgraded high-capacity electric transmission lines nationwide
and deploying transmission and distribution technologies to
improve the resilience of the nation's electric infrastructure.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
GRID CONTROLS AND COMMUNICATIONS
Transmission Reliability and Resilience.--The
recommendation includes $2,500,000 to support university-based
research partnerships to develop and deploy advanced data
analytics and predictive models that incorporate human operator
behavior to better understand, predict, prevent, and mitigate
cascading failures in power grids.
Energy Delivery Grid Operations Technology.--The Committee
supports the budget request efforts to develop a national
platform to host the data and models necessary to deliver
public-private analytics of grid reliability impact of the
clean energy transition.
The recommendation includes up to $2,500,000 to support
research in silicon carbide and gallium nitride power
electronics.
Resilient Distribution Systems.--The Department is directed
to continue efforts to support the integration of sensors into
the nation's electric distribution systems, fundamental
research and field validation of microgrid controllers and
systems, and transactive energy concepts, including studies and
evaluations of energy usage behavior in response to price
signals. The Committee places a high priority on addressing the
challenges facing the electric power grid by advancing the
development of innovative technologies, tools, and techniques
to modernize the distribution portion of the electricity
delivery system. The Department is encouraged to work with
national laboratories and industry to advance best practices to
technology development across the country. In addition, the
Department is directed to evaluate the ability of emerging fuel
technologies and currently available distributed fuels, such as
propane-fueled microgrids, to be paired with renewable
technologies.
The recommendation provides up to $2,500,000 to evaluate
and identify a standard approach to modeling distributed energy
resources.
The recommendation includes $10,000,000 to support the
COMMANDER (Coordinated Management of Microgrids and Networked
Distributed Energy Resources) National Test Bed to support
foundational research for managing electric distribution
systems equipped with diverse distributed energy resources and
support the North American Energy Resilience Model.
The Committee supports the Department in developing and
demonstrating digitalization technologies and solutions to help
communities increase the resiliency of their infrastructure,
enhance safety, and improve accessibility.
Cyber Resilient and Secure Utility Communications
Networks.--The recommendation includes $10,000,000 for the
final year of the DarkNet project.
The Department, in coordination with CESER, is encouraged
to support university-based research and development of
scalable cyber-physical platforms for resilient and secure
electric power systems that are flexible, modular, self-
healing, and autonomous.
GRID HARDWARE, COMPONENTS, AND SYSTEMS
Energy Storage.--The recommendation includes $4,800,000 for
operations of the Grid Storage Launchpad.
Transformer Resilience and Advanced Components.--The
Committee supports the Grid Research Integration and
Demonstration Center.
GRID DEPLOYMENT
The Department is encouraged to provide public utility
commissions and state energy offices with technical assistance
for understanding distribution planning, interconnection, and
modeling of distributed energy sources.
The Committee recognizes the Department's work on
transmission facilitation and efforts to engage with
stakeholders to ease the process of building transmission. The
Department is encouraged to continue supporting high voltage
transmission activities and establishing the Transmission
Facilitation Program.
The Department is directed to coordinate with states,
tribes, and federal permitting agencies to help facilitate the
siting and permitting of interstate and interregional high-
voltage transmission lines. The Department is also directed to
establish a process for the designation of National Interest
Electric Transmission Corridors on a route-specific, applicant-
driven basis. The Department is encouraged to work with the
Federal Energy Regulatory Commission to establish coordinated
procedures for information gathering, pre-filing, and
application processes to expedite reviews and approvals
pursuant to this authority.
Within available funds for Grid Technical Assistance, the
Committee directs the Department to provide technical
assistance and guidance for state Public Utility Commissions
and Regional Transmission Organizations to model operating
behaviors and develop advanced designs of long duration energy
storage resources on the grid.
The Department is directed to provide to the Committee a
briefing on its efforts in Puerto Rico, including outreach
efforts targeting low-income households and households with
people with disabilities and any barriers to further outreach
efforts.
Nuclear Energy
Appropriation, 2023................................... $1,473,000,000
Budget estimate, 2024................................. 1,562,620,000
Recommended, 2024..................................... 1,783,000,000
Comparison:
Appropriation, 2023............................... +310,000,000
Budget estimate, 2024............................. +220,380,000
A productive energy sector contains a mix of energy types
including nuclear energy. Nuclear power generates approximately
one-fifth of the nation's electricity and continues to be an
important emissions-free energy source. The Department's
Nuclear Energy (NE) program invests in research, development,
and demonstration activities that develop the next generation
of clean and safe reactors, further improve the safety and
economic viability of the current reactor fleet, and contribute
to the nation's long-term leadership in the global nuclear
power industry.
Nuclear Energy University Program (NEUP).--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to Nuclear Energy research and development programs to fund
university-led R&D and university infrastructure projects
through an open, competitive solicitation process using
formally certified peer reviewers. The recommendation continues
to include a separate control point to fund NEUP and other
crosscutting program responsibilities, including Small Business
Innovation Research (SBIR), Small Business Technology Transfer
(STTR), and Technology Commercialization Fund (TCF), in order
to provide greater transparency and flexibility for this
program. The Department is directed to provide to the Committee
prior to the obligation of these funds a detailed spending and
execution plan for NEUP activities. The Department is directed
to provide to the Committee not later 90 days after enactment
of this Act and quarterly thereafter briefings on the
implementation of NEUP. The Committee notes it has yet to
receive a detailed report on university reactor refurbishment
and the potential need to upgrade or build additional
university reactors required in the fiscal year 2023 Act. As in
previous years, no funds are provided for the planning and
construction of new university reactors.
Within available funds for NEUP, SBIR/STTR, and TCF, the
recommendation provides $6,630,000 for the University Nuclear
Leadership Program, previously funded as the Integrated
University Program.
Within available funds for NEUP, SBIR/STTR, and TCF, the
recommendation provides $12,000,000 for university
infrastructure including revitalization of existing nuclear
research infrastructure.
Within available funds for NEUP, SBIR/STTR, and TCF, the
recommendation provides $20,222,000 for University Fuel
Services, previously funded as Research Reactor Infrastructure.
Within available funds for NEUP, SBIR/STTR and TCF, the
Department is encouraged to consider university-led, convergent
advanced nuclear manufacturing consortiums in future
competitive funding opportunities.
Advanced Nuclear Licensing.--The Committee recommends up to
$5,000,000 for the Advanced Nuclear Energy Licensing Cost-Share
Grant Program as authorized under 42 U.S.C. 16280 for
technology diversity, including spent nuclear fuel
reprocessing.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Crosscutting Technology Development.--The recommendation
provides $16,000,000 for integrated energy systems.
Nuclear Science User Facilities.--The recommendation
includes not less than $12,000,000 for computational support.
FUEL CYCLE RESEARCH AND DEVELOPMENT
The Committee is still awaiting two reports from the
Department. The first was required by section 2001(b)(2) of the
Energy Act of 2020 and the second was required in the fiscal
year 2023 Act on the Department's plan to support the first
core loads needed for the Advanced Reactor Demonstration
Program awardees. The Department is directed to provide to the
Committee not later than 30 days after enactment of this Act
both reports.
Advanced Nuclear Fuel Availability.--The Committee strongly
supports the Department's effort to ensure domestic low-
enriched uranium (LEU) production capabilities and provides
$2,556,000,000 to support domestic low-enriched uranium
capabilities and the availability of high-assay low-enriched
uranium (HALEU). Funding supports 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 recommendation provides $2,400,000,000 derived from
unobligated Civil Nuclear Credit funds for LEU and HALEU
availability. This funding includes $800,000,000 in each of
fiscal years 2024, 2025, 2026, and requires specific
congressional authorization prior to availability of funds.
In addition, the recommendation includes $156,000,000 to
advance the availability of high-assay low-enriched uranium and
other advanced nuclear fuels, consistent with section 2001 of
the Energy Act of 2020. Within that amount $2,000,000 is for
Mining, Shipping, and Transportation; $120,000,000 is for
Advanced Nuclear Fuel Availability; and not less than
$34,000,000 is provided within Material Recovery and Waste Form
Development.
The Department is directed to conduct HALEU activities in a
manner that will encourage, rather than discourage, the private
sector commercialization of HALEU production. The Department is
further directed to disburse these funds on a competitive basis
and directs the Department to ensure there are two suppliers of
HALEU to meet anticipated commercial demand.
The Department is encouraged to make available a sufficient
supply of early allocations of HALEU to the first industry
participants that conduct a full system-capacity test
demonstration.
GAO Review of the Acquisition Strategy for High-Assay, Low-
Enriched Uranium (HALEU).--The Energy Act of 2020 directed the
Secretary of Energy to establish and carry out, through the
Department's Office of Nuclear Energy, a HALEU Availability
Program and a HALEU Consortium to help the Department support
the availability of HALEU. Congress further provided
$700,000,000 million in funding in the Inflation Reduction Act
of 2022 to support the program and consortium. The Department
of Energy also supports an Advanced Nuclear Fuel Availability
subprogram to provide limited quantities of HALEU in the short
term while working to establish a long-term commercial U.S.
HALEU production and supply chain capability. The Department
has sought significant budget increases for this subprogram in
recent years.
The Government Accountability Office (GAO) has previously
raised concerns about numerous aspects of the Department's
uranium management strategies and efforts. The Committee is
concerned about the absence of a clear and detailed plan from
the Department for how it intends to utilize funds for HALEU
development. In particular, the Committee is concerned with
some of the Department's underlying assumptions and the
credibility of its estimates of current and future HALEU
demands from industry.
The Committee directs the Comptroller General to conduct a
comprehensive evaluation of the Department's strategy and plans
for the development of HALEU. Such an evaluation should
assess--(1) the Department's estimates of future HALEU demands,
for both civilian and national security needs, and any
potential limitations in those forecasts; (2) the Department's
estimates of the future HALEU availability under actions being
taken or planned by the Department; (3) a description and
assessment of all departmental projects and activities
undertaken to date to facilitate future HALEU supply for
commercial and national security needs; (4) a schedule for the
future execution of current and planned projects and activities
supporting HALEU development and supply; (5) data on the
obligation and expenditure of funding to facilitate development
of HALEU supply to date; and (6) estimates of any future
funding the Department has identified as necessary to support
current or planned HALEU development efforts and the basis for
those estimates.
GAO is directed to brief the Committee on its preliminary
findings not later than 180 days after enactment of this Act,
with the issuance of a written report to follow at a date
agreed to at the time of the briefing.
Thorium based fuel.--The Department is encouraged to
consider supporting activities related to the testing and
qualification of a next-generation thorium-HALEU based fuel
suitable for existing and new reactors.
Material Recovery and Waste Form Development.--The
recommendation provides not less than $27,000,000 for EBR-II
Processing for HALEU and $7,000,000 to continue activities
related to the ZIRCEX process.
The U.S. has approximately 86,000 metric tons of spent
nuclear fuel from commercial reactors stored at 75 U.S. sites
and this amount continues to grow annually. Currently,
countries including France, United Kingdom, Japan, Russia, and
China reprocess their nuclear waste. The Committee supports the
Department's ongoing reprocessing efforts and believes greater
progress can be made. The Committee recommends $10,000,000 to
implement a new competitive, cost-shared program for
reprocessing spent nuclear fuel. Award funding may be used for
(1) conceptual design; (2) technical studies; and (3) site
studies. The primary goal of this new program is to focus
government and industry resources on reprocessing capabilities
with commercial application by 2033. This program is not
intended to stop any ongoing activities funded in this or other
programs.
Accident Tolerant Fuels (ATF).--The Committee continues to
place a high priority on this program and urges the Department
to maintain focus on achieving results in these efforts. The
recommendation provides not less than $22,000,000 for further
development of silicon carbide ceramic matrix composite fuel
cladding for light water reactors. The Committee remains
concerned that funding for the industry-led portions of the ATF
program is not being obligated by the Department in a timely
manner. The Department is reminded reallocation or
reprogramming of funds requires congressional approval. The
Department is directed to align its contracts with the three
industry-led teams with the funding provided by the Committee.
Finally, the Department is directed to provide to the Committee
not later than 60 days after enactment of this Act a table
summarizing the allocation of these funds.
Triso Fuel and Graphite Qualification.--The Committee
provides $35,000,000 to continue TRISO fuel and graphite
qualification and maintain a base research and development
program in support of expanding industry needs for advanced
fuels.
Advanced Generation 4 reactors that use HALEU fuel may
require different waste management processes than today's fuel.
The Department is encouraged to assess what actions are needed
to address used fuel from HALEU based fuels, including TRISO
fuel.
Fuel Cycle Laboratory R&D.--The recommendation provides up
to $15,000,000 for an advanced metallic fuels program.
The Department is directed to continue development of an
integrated strategy between the Office of Nuclear Energy and
the Office of Environmental Management to establish a road-
ready, dry storage packaging configuration capability for
Department-owned spent fuel. The Department, including
participation from the Office of Nuclear Energy and the Office
of Environmental Management, is directed to provide to the
Committee not later than 60 days after enactment of this Act a
briefing on an implementation strategy for these activities.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--The recommendation
includes $1,297,000,000 for ongoing demonstration activities,
including $399,000,000 in each of fiscal years 2024, 2025 and
2026 derived from unobligated Civil Nuclear Credit funds.
The Committee also supports assistance for U.S. nuclear
technologies that are ready for near-term deployment and
provides an additional $50,000,000 to be awarded competitively
with a 50/50 cost share to support design, licensing, supplier
development, and site preparation of a grid-scale Generation 3+
reactor design that can be deployed no later than 2030. The
Department is directed to award this funding not later than 90
days after enactment of this Act to support rapid domestic
deployment of small modular reactors in the near term and
supplier development to fabricate nuclear components for both
U.S. and export markets.
Advanced Reactor Technologies.--The recommendation provides
not less than $20,000,000 for MARVEL.
The recommendation provides up to $10,000,000 for the fast
reactor program.
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.
National Reactor Innovation Center.--The recommendation
supports capital design and construction activities for
demonstration reactor test bed preparation at Idaho National
Laboratory supporting reactor demonstration activities. The
Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing on the
proposed activities, timelines for these activities, and
expected out-year costs of the National Reactor Innovation
Center.
Risk Reduction for Future Demonstrations.--The
recommendation includes $130,000,000 for the Risk Reduction
program. The Department is directed to provide to the Committee
not later than 90 days after enactment of this Act a briefing
on the impacts of cost escalations on the ARDP projects,
including an assessment of any additional resources needed to
successfully complete projects.
Fossil Energy and Carbon Management
Appropriation, 2023................................... $890,000,000
Budget estimate, 2024................................. 905,475,000
Recommended, 2024..................................... 857,904,000
Comparison:
Appropriation, 2023............................... -32,096,000
Budget estimate, 2024............................. -47,571,000
The Fossil Energy and Carbon Management (FECM) program
funds research, development, and demonstration activities to
improve existing fossil energy technologies, develop solutions
for the capture, storage, utilization, and removal of carbon
across numerous sectors, including the industrial sector, and
rebuild a U.S. critical minerals supply chain.
The Committee notes that fossil energy resources generate
approximately 60 percent of the nation's electricity and will
continue to play an essential role in maintaining a resilient
electric grid. The Committee rejects the budget request's
continued shift away from fossil combustion-centric activities
and directs the Department to support research, development,
and demonstration activities that includes all fossil
resources, including coal, when developing future funding
opportunity announcements and implementing the goals outlined
in FECM's current strategic vision document. The Committee
directs FECM to provide a briefing on its efforts to comply
with this direction not later than 180 days after enactment of
this Act.
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.
Mickey Leland Energy Fellowship.--The Committee supports
the Mickey Leland Energy Fellowship and directs the Department
to produce a plan to expand the program to include post-
doctoral research positions within the program.
Solid Oxide Fuel Cell Systems & Hydrogen.--The
recommendation provides not less than $112,500,000 for the
research, development, and demonstration of solid oxide fuel
cell systems and hydrogen production, transport, storage, and
use systems.
University Training and Research.--The recommendation does
not include funding in support of the Administration's
Justice40 Initiative.
CARBON MANAGEMENT TECHNOLOGIES
The Committee recommends funding for the Department's
National Carbon Capture Center consistent with the cooperative
agreement.
Carbon Capture.--The Committee provides not less than
$15,000,000 for research and optimization of carbon capture
technologies at industrial facilities and not less than
$20,000,000 for research and optimization of carbon capture
technologies for natural gas and coal power systems.
The recommendation provides up to $60,000,000 to support
front-end engineering and design studies, including for the
development of a first-of-its-kind carbon capture project at an
existing natural gas combined cycle plant. The Department is
encouraged to prioritize entities that are primarily engaged in
the generation of electricity from natural gas in competitive
power markets.
The Department is encouraged to support a chemical looping
project using natural gas or coal to demonstrate the technical,
operational, and economic advantages of looping for clean
hydrogen production and carbon capture, including its use in
industrial applications.
The fiscal year 2022 Act directed the Department to provide
a report on its efforts to increase public-private partnerships
and research program opportunities at universities. The
Committee is still awaiting this report and directs the
Department to provide it to the Committees on Appropriations of
both Houses of Congress not later than 30 days after enactment
of this Act.
The Department is directed to support research and
development activities on mobile engine exhaust carbon capture.
Carbon Dioxide Removal.--The Department is directed to keep
the Committee apprised of the Department's efforts to carry out
the carbon dioxide removal authorities granted in the Energy
Act of 2020.
Carbon Utilization.--The Committee notes the unrealized
opportunity for carbon use and reuse to encourage the avoidance
and removal of emissions, generate valuable products, and
create revenue streams and jobs. The Department is directed to
significantly increase investment in the Carbon Utilization
program, particularly in research, development, and
demonstration activities. The recommendation continues to
support carbon utilization research, development, and
demonstration activities to advance valuable and innovative
uses of captured carbon, including conversion to products such
as chemicals, plastics, building materials, and fuels.
The Department is encouraged to research and develop carbon
mineralization as a utilization pathway, with specific research
activities to include fundamental research on geochemistry and
rock physics. The Department is also encouraged to coordinate
with the General Services Administration and the Department of
Transportation to support the development of lifecycle
assessment frameworks for the procurement of low-carbon
construction material.
The Committee is encouraged by the advancements in
technologies converting coal into carbon-based building
materials, prioritizing approaches that ensure that the
processing, handling, production, and use of the building
materials are safe in terms of trace metal removal from the
carbon feedstock. The current demand for building materials
continues to rise. The Committee directs the Department to
partner with private industry to research and develop the use
of carbon building products produced from coal, including
carbon foam.
The Committee supports valuable and innovative uses of
captured carbon, including the conversion of carbon dioxide
into higher value products such as chemicals, plastics,
building materials, and curing for cement among other useful
productions.
Carbon Storage.--The recommendation provides not less than
$40,000,000 for CarbonSAFE and not less than $20,000,000 for
the Regional Carbon Sequestration Partnerships.
The Department is directed to support advanced storage
research and development activities, including risk integration
tools and storage integrity and assurance. The Department is
also directed to begin characterization of offshore storage
sites and coordinate with the Department of the Interior to
identify appropriate tools for conducting offshore CO2 storage.
The Committee directs the Department to partner with
institutions of higher education in a joint effort to develop
comprehensive modeling and experimental research of hydrogen
transport and leak detection in U.S. natural gas pipelines
across a range of blend ratios and pipeline operational
pressures.
Hydrogen with Carbon Management.--The agreement provides
not less than $35,000,000 for Advanced Turbines to carry out
research, development, and demonstration activities to develop
near-zero-emission advanced turbines technologies. The
Department is encouraged to support research and development
activities to test and validate components and their
performance as an integrated system, working cooperatively with
industry, universities, and other appropriate parties.
Supercritical Transformational Electric Power (STEP)
Generation.--The Committee supports competitively awarded
research and development activities, coordinated with the
Offices of Nuclear Energy and Energy Efficiency and Renewable
Energy, to advance the use of supercritical power cycles.
RESOURCE TECHNOLOGIES AND SUSTAINABILITY
Advanced Remediation Technologies.--The recommendation
provides $25,000,000 for university research and field
investigations in the Gulf of Mexico to confirm the nature,
regional context, and hydrocarbon system behavior of gas
hydrate deposits.
The recommendation provides $19,000,000 for Unconventional
Field Test Sites. The Department is directed to maintain robust
efforts in enhanced recovery technologies.
The recommendation provides $8,000,000 for the Risk Based
Data Management System.
Within available funding, the Committee recommends
$5,000,000 for a competitive solicitation for research
universities to advance innovative improvements in CO2 enhanced
recovery technologies and postproduction sequestration. These
improvements shall include the application of new technologies,
including artificial intelligence, machine learning, and
improved stimulation practices and subsurface characterization,
focused on reducing greenhouse gas emissions from oil and gas
operations and maximizing recovery of existing oil in low
permeability shale and sub-economic carbonate reservoirs. To
improve environmental sustainability of oil and gas production,
the Committee encourages DOE to advance technologies related to
reduced water usage in oil and gas stimulation and production
and increased efficiency and recovery of production operations.
The Committee notes the Department's continued investment
in research and development on unconventional fossil energy
technologies, including support for field laboratories. The
Department is encouraged to explore the rapid development of a
prototype or prototypes of new technologies identified by the
Department that use solid propellant fuel to generate gas and
that drive hydraulic systems to shut off unwanted flows or blow
outs of oil or gas from onshore or offshore wells in the
shortest possible time with the highest possible reliability
and efficiency. The Department is encouraged to ensure that
this new technology is created, patented, built, and deployed
by an American company or companies and to protect the
confidentiality of the intellectual property and patents as
applicable.
Methane Mitigation Technologies.--The Department is
encouraged to support activities to develop and demonstrate an
easily implementable, maintainable, and low-cost integrated
methane monitoring platform. The Department is encouraged to
accelerate development and deployment of high-temperature
harsh-environment sensors, sensor packaging, and wireless
sensor hardware for power generation. The Department is
encouraged to collaborate with external stakeholders in making
use of commercial assets to monitor methane emissions from
satellites and other methane emissions detection technologies
to isolate the source of emissions at the individual facility
level and to explore technologies, including in coordination
with public-private partnerships, that promote innovative
approaches, such as detection technologies in support of
reducing methane gas emissions.
The Department is directed to provide to the Committee not
later than 180 days after enactment of this Act a report on the
technical and economic potential, and potential ancillary
impacts, of direct methane removal technologies and approaches.
The Committee supports ongoing efforts by private industry
in technologies, advancements, and concepts to capture and
utilize coal mine methane for beneficial use. The Committee
directs the Department to support these efforts, including
research and output from national labs focused on studies and
modeling of carbon intensity associated with such methane under
the Greenhouse Gas Regulated Emissions and Energy Use in
Technologies model, and assessments to better utilize this fuel
source.
Mineral Sustainability.--The Department is directed to
focus its research and development efforts to develop and
assess advanced separation technologies for the extraction and
recovery of rare earth elements and other critical materials
from coal and coal byproducts. Further, the Department is
directed to determine and mitigate any potential environmental
or public health impacts that could arise from the recovery of
rare earth elements from coal-based resources.
Within available funds, the Committee directs the
Department to support research and development activities to
develop and test advanced separation technologies and
accelerate the advancement of commercially viable technologies
for the recovery of rare earth elements and minerals from
byproduct sources, including bauxite residue.
Within available funds, the Committee directs the
Department to conduct research and development activities to
support the development of an academia-industry partnership
with a national lab to create a new domestic rare earth supply
chain derived from the byproducts of phosphate mining. This
project will focus on the use of high field magnetic separation
of rare earth minerals and chemical separation techniques for
radium.
The Committee recognizes the importance of permanent rare
earth magnets in defense applications, energy technologies, and
other commercial products. As FECM fulfills its
responsibilities related to supporting an increase in the
manufacturing capacity for advanced energy projects, the
Committee encourages the Office to demonstrate support for
those projects that onshore the domestic supply chain for these
magnets.
The Committee directs the Department to support projects
that will enable critical minerals to remain within the United
States to be recycled and refined back to high-purity qualities
and grades. When making funding awards, the Department is
encouraged to include innovative, high performing, and flexible
refining technologies beyond hydro- and pyro-metallurgical
separation for separating and purifying critical minerals and
rare earth elements to be used as raw materials throughout our
domestic manufacturing supply chains.
The Committee understands the Department's high demand for
critical minerals and continued reliance on foreign sources for
its critical mineral supply, including extraction and
processing. The Committee recognizes that the Department's
demand for critical minerals, including Germanium and Gallium,
is likely to increase in the coming decade concurrent with a
rise in global demand. The Committee directs the Department to
continue its support of technologies to domestically produce
critical minerals.
The Committee directs EERE and FECM to jointly issue a
competitive solicitation for research, development, and
demonstration projects that combine both recycling technologies
and rare earth element separation technologies.
Naval Petroleum and Oil Shale Reserves
Appropriation, 2023................................... $13,004,000
Budget estimate, 2024................................. 13,010,000
Recommended, 2024..................................... 13,010,000
Comparison:
Appropriation, 2023............................... +6,000
Budget estimate, 2024............................. - - -
The Naval Petroleum and Oil Shale Reserves continues work
towards closing out remaining environmental restoration and
remediation activities.
Strategic Petroleum Reserve
Appropriation, 2023................................... $207,175,000
Budget estimate, 2024................................. 280,969,000
Recommended, 2024..................................... 280,969,000
Comparison:
Appropriation, 2023............................... +73,794,000
Budget estimate, 2024............................. - - -
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.
Northeast Home Heating Oil Reserve
Appropriation, 2023................................... $7,000,000
Budget estimate, 2024................................. 7,150,000
Recommended, 2024..................................... 7,150,000
Comparison:
Appropriation, 2023............................... +150,000
Budget estimate, 2024............................. - - -
The acquisition and storage of heating oil for the
Northeast began in August 2000 when the Department of Energy,
through the Strategic Petroleum Reserve account, awarded
contracts for the lease of commercial storage facilities and
acquisition of heating oil. The purpose of the reserve is to
assure home heating oil supplies for the Northeastern States
during times of very low inventories and significant threats to
the immediate supply of heating oil. The Northeast Home Heating
Oil Reserve was established as a separate entity from the
Strategic Petroleum Reserve on March 6, 2001.
Energy Information Administration
Appropriation, 2023................................... $135,000,000
Budget estimate, 2024................................. 156,550,000
Recommended, 2024..................................... 135,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -21,550,000
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 Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing on
its efforts to establish an online database to track the
operation of the bulk power system in the contiguous 48 States.
Non-Defense Environmental Cleanup
Appropriation, 2023................................... $358,583,000
Budget estimate, 2024................................. 348,700,000
Recommended, 2024..................................... 341,700,000
Comparison:
Appropriation, 2023............................... -16,883,000
Budget estimate, 2024............................. -7,000,000
Non-Defense Environmental Cleanup includes funds to manage
and remediate sites used for civilian, energy research, and
non-defense related activities. These past activities resulted
in radioactive, hazardous, and mixed waste contamination that
requires remediation, stabilization, or some other action.
Gaseous Diffusion Plants.--The Committee provides
$132,938,000 for cleanup activities at the Gaseous Diffusion
Plants and notes with approval the Department's initial steps
to implement a multi-year campaign to transport and dispose of
surplus depleted uranium oxide cylinders from the Paducah,
Kentucky, and Portsmouth, Ohio, facilities. The Committee
encourages the Department to investigate all efficient and safe
transportation alternatives, including the use of a rack system
that could potentially increase the number of cylinders that
are transported on each shipment. The Committee directs the
Department to develop a funding profile for a fully operational
disposal program at both sites and to provide a briefing to the
Committee not later than 120 days after enactment of this Act.
The Committee further directs that such funding profile seek to
maximize disposal rates for this material to decrease, to the
extent practicable, the current estimate of 32 years of
shipments from Paducah, Kentucky, and 15 years of shipments
from Portsmouth, Ohio.
Small Sites.--The Committee provides $115,635,000 for small
sites, of which $44,135,000 is for the Energy Technology
Engineering Center (ETEC), $4,500,000 is for Idaho National
Laboratory, and $67,000,000 is for Moab.
Uranium Enrichment Decontamination and
Decommissioning Fund
Appropriation, 2023................................... $879,052,000
Budget estimate, 2024................................. 857,482,000
Recommended, 2024..................................... 865,208,000
Comparison:
Appropriation, 2023............................... -13,844,000
Budget estimate, 2024............................. +7,726,000
The Uranium Enrichment Decontamination and Decommissioning
Fund was established by the Energy Policy Act of 1992 to fund
the cleanup of gaseous diffusion plants at Portsmouth, Ohio;
Paducah, Kentucky; and the East Tennessee Technology Park in
Oak Ridge, Tennessee.
Paducah Site.--The Committee recognizes the maintenance
costs regularly exceed $1,000,000 annually for the 70-year-old
C-100 program support facility at the Paducah Gaseous Diffusion
Plant (PGDP). A new facility is required to support current and
future cleanup efforts at the site, efforts which are expected
to last until 2065. The Committee directs the Department to
conduct, not later than 180 days after enactment of this Act, a
thorough assessment of all possible solutions, including
private financing, to replace the antiquated C-100 support
facility. The assessment should include a cost-benefit analysis
of each option as well as detailed requirements for each option
including land use and conveyance.
Science
Appropriation, 2023................................... $8,100,000,000
Budget estimate, 2024................................. 8,800,400,000
Recommended, 2024..................................... 8,100,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -700,400,000
The Office of Science funds science research across
national laboratories, universities, and other research
institutions in support of American innovation and the
Department's energy-focused missions. Through research in
physics, biology, chemistry, and other science disciplines,
these activities expand scientific understanding and secure the
nation's leadership in energy innovation. This science research
is crucial to enabling the nation to continue developing
transformational energy technologies and to position itself to
seize economic opportunities in the global energy markets of
the future. The Office of Science is the nation's largest
supporter of research in the physical sciences. The Committee
has placed a high priority on funding these activities, given
the private sector is not likely to fund research whose
findings either have high non-commercial value or are not
likely to be commercialized in the near or medium term. This
work is vital to sustaining the scientific leadership of the
United States and can provide the underpinnings for valuable
intellectual property in the coming decades.
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.
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, including
through strategic partnership projects, 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 can also 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 supports
collaborations with NIH within the Department's data and
computational mission space.
Energy Earthshots.--The recommendation provides $20,000,000
for Energy Earthshots, including $5,000,000 from Advanced
Scientific Computing Research, $10,000,000 from Basic Energy
Sciences, and $5,000,000 from Biological and Environmental
Research.
Established Program to Stimulate Competitive Research
(EPSCoR).--The recommendation provides not less than
$35,000,000 across the Office of Science programs for the
EPSCoR.
Facility Operations.--The Committee notes the Department
recently updated its determination of what constitutes optimal
operations for experimental user facilities. In order to better
understand the historical funding levels associated with the
new optimal operations determination, the Department is
directed to provide a table of user facility funding levels
from the previous five fiscal years showing optimal operations
using the new determination. Further, when developing any
document that displays funding levels for user facility
operations, the Committee expects the Department to use the
same optimal operations determination for any prior, current,
or future fiscal year funding levels.
Justice40 Initiatives--The recommendation includes no
funding for the Reaching a New Energy Sciences Workforce
(RENEW) or Funding for Accelerated, Inclusive Research (FAIR)
initiatives.
Mortgaging Future-Year Awards.--The Committee remains
concerned about the Department's practice of making awards
dependent on funding from future years' appropriations. The
fiscal year 2022 Act directed the Department to provide a
briefing on how it can better track and provide information
about the accounting of future-year awards by control point.
The Committee is still awaiting this briefing and directs the
Department to provide it not later than 15 days after enactment
of this Act. As part of this briefing, the Committee expects
the Department to provide information, by control point and
fiscal year, on the total funding from active and closed
funding opportunity announcements that are contingent on future
availability of funds.
Quantum Information Sciences.--The Committee supports the
coordinated and focused research program in quantum information
science and technology. This emerging field of science promises
to yield revolutionary new approaches to computing, sensing,
and communication. The recommendation provides not less than
$245,000,000 for quantum information science, including not
less than $120,000,000 for research and $125,000,000 for the
five National Quantum Information Science Research Centers. The
Department shall continue its coordination efforts with the
National Science Foundation, other federal agencies, private
sector stakeholders, and the user community to promote
researcher access to quantum systems, enhance the U.S. quantum
research enterprise, develop the U.S. quantum computing
industry, and educate the future quantum computing workforce.
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 that outlines the breakdown
of research funding across the available quantum computing
technologies, including gate-model, annealing, topological,
photonics, trapped ion, silicon, superconducting, and other
viable quantum technologies. The Committee supports efforts to
expand quantum internet, networking, and communications
testbeds. In addition, the Committee directs the Department to
conduct research activities in support of the Quantum User
Expansion for Science and Technology program (QUEST) as
authorized in CHIPS and Science (P.L. 117-167), to facilitate
researcher access to the nation's quantum computing hardware
and cloud resources and to promote a strong user base for
quantum systems development and includes up to $15,000,000 for
these activities.
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 $219,000,000 for the
Argonne Leadership Computing Facility, $255,000,000 for the Oak
Ridge Leadership Computing Facility, and $135,000,000 for the
National Energy Research Scientific Computing Center at
Lawrence Berkeley National Laboratory. The recommendation
includes $90,213,000 to support necessary infrastructure
upgrades and operations for ESnet.
The Committee recognizes the Department's efforts related
to a High Performance Data Facility as data-intensive
application workflows increase and the need for real-time
computing increases exponentially across the Office of Science.
The recommendation includes $7,000,000 in other project costs
for the High Performance Data Facility. Prior to the selection
of a site for the High Performance Data Facility, the
Department is directed to provide to the Committee a brief on
the goals of the proposed Hub and Spoke model and how its
estimated costs compare to previous project scope cost
estimates.
Mathematical, Computational, and Computer Sciences
Research.--The recommendation provides $295,000,000 for
Mathematical, Computational, and Computer Sciences Research.
The Committee encourages the Department to support research
to develop a new path to energy efficient computing with large,
shared memory pools.
BASIC ENERGY SCIENCES
The Basic Energy Sciences program funds research in
materials science, chemistry, geoscience, and bioscience. The
science breakthroughs in this program enable a broad array of
innovation in energy technologies and other industries critical
to American economic competitiveness.
The recommendation provides $130,000,000 for Energy
Frontier Research Centers, $25,000,000 for the Batteries and
Energy Storage Innovation Hub, and $20,000,000 for the Fuels
from Sunlight Innovation Hub.
The recommendation provides $605,000,000 for facilities
operations of the nation's light sources, $373,163,000 for
facilities operations of the high-flux neutron sources, and
$150,880,000 for facilities operations of the Nanoscale Science
Research Centers.
The recommendation provides not less than $14,000,000 for
other project costs, including $4,000,000 for NSLS-II
Experimental Tools-III and $9,000,000 for HFIR Pressure Vessel
Replacement.
The recommendation includes $20,000,000 for NSLS-II
Experimental Tools-II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The Biological and Environmental Research program supports
advances in energy technologies and related science through
research into complex biological and environmental systems.
The recommendation includes $424,750,000 for Biological
Systems Science and $392,250,000 for Earth and Environmental
Systems Sciences.
The recommendation provides $20,000,000 to support low-dose
radiation research. The Committee directs the Department to
coordinate its implementation of the low-dose radiation program
with the Office of Environment, Health, Safety, and Security.
Within available funds for the low-dose radiation program, the
Department is directed to support data improvements,
maintenance, and harmonization of existing epidemiologic data
resources and radiation exposure databases that are critical to
informing ongoing and future low-dose radiation effects and
research.
The recommendation provides $118,000,000 for the Bioenergy
Research Centers to accelerate research and development needed
for advanced fuels and products.
The recommendation provides $92,000,000 for the Joint
Genome Institute.
The Department is encouraged to increase its support of
activities for academia to perform independent evaluations of
climate models using existing data sets and peer-reviewed
publications of climate-scale processes in order to determine
various models' ability to reproduce the actual climate.
The recommendation provides 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, by
leveraging national laboratories' assets as well as local
infrastructure and expertise at universities and other research
institutions.
The recommendation provides not less than $39,000,000 to
improve the understanding of key cloud, aerosol, precipitation,
and radiation processes. The Department is encouraged to
coordinate with the Department of Homeland Security and other
agencies, as relevant, to support analysis of near-term climate
risks and impacts on infrastructure and communities. Within
available funds, $3,000,000 is for a pilot program to provide
instrumentation for observing marine aerosols, greenhouse
gases, and other environmental factors, as relevant, deployed
on commercial or other non-dedicated ocean vessels and to
evaluate a sustained observing network using such platforms.
The Committee supports the Department's efforts to develop a
five-year plan for research to support a scientific assessment
of near-term climate risk and solar and other climate
interventions.
The recommendation provides $65,000,000 for operation of
the Environmental and Molecular Sciences Laboratory and
supports continued investment in the microbial molecular
phenotyping capability.
FUSION ENERGY SCIENCES
The Fusion Energy Sciences program supports research and
experimentation aiming to harness nuclear fusion for energy
production.
The Committee appreciates the fusion community's process to
develop a comprehensive long-range strategic plan produced
through a consensus process. The Committee directs the
Department to follow and embrace the recommendations of the
Fusion Energy Sciences Advisory Committee's ``Powering the
Future: Fusion and Plasmas'' report, and the Committee
endeavors to provide funding that reflects the prioritization
developed through the community's consensus process. The
Department is directed to include an explanation in future
budget requests how the Department is aligning its Fusion
Energy Sciences program with the recommendations of the
``Powering the Future: Fusion and Plasmas'' report.
The recommendation provides $104,100,000 for NSTX-U,
including NSTX-U Operations and NSTX-U Research.
The recommendation provides not less than $133,600,000 for
DIII-D, including DIII-D Operations and DIII-D Research. The
Department is encouraged to support activities to enable
completion of planned facility enhancements, revitalization of
critical equipment, and critical new tools to address critical
research needs and secure U.S. leadership in support of ITER
and a potential future fusion pilot plant. The Department is
encouraged to provide increased research operations and enable
broader participation in the DIII-D program by university
researchers and graduate students, to fully exploit the world
leading capabilities developed at the facility. Further, the
Department is encouraged to support training activities at
DIII-D for the next generation of fusion scientists.
The recommendation includes $35,000,000 for the Milestone-
Based Development Program. The Committee supports the
development of conceptual pilot plant designs and technology
roadmaps that will bring fusion to commercial viability through
the Milestone-Based Development Program. The Committee urges
the Department to explore broadening its base of support for
these activities to include additional industry, national
laboratory, university, government, and nongovernmental
partners. The Committee recognizes that advancing the
commercialization of future energy technologies requires a
multi-pronged approach across many technology readiness levels.
While the Office of Science is the appropriate entity for
managing the initial, early-stage research goals of the
Milestone-Based Development Program, the Committee does not
support the Office of Science leading the program for later-
stage goals. The Office of Science is directed to coordinate
with the Office of Clean Energy Demonstrations to determine the
appropriate time to hand off program management and
implementation activities of the Milestone-Based Development
Program. The Committee expects this decision to be made not
later than 180 days after enactment of this Act.
The recommendation provides $27,000,000 for the high energy
density physics program to support the existing joint high-
energy-density laboratory plasma program, advance cutting-edge
research at universities in extreme states of matter, expand
the capabilities of the LaserNetUS facilities, and continue
investments in new laser and inertial fusion energy
technologies needed to maintain U.S. leadership. The Department
is encouraged to implement the recommendations of the Brightest
Light Initiative Workshop Report to retain U.S. leadership in
these fields.
The recommendation includes $10,000,000 to support Inertial
Fusion Energy research and development. The Committee
encourages the Department to support the priority research
directions in the Inertial Fusion Energy Basic Research Needs
workshop report. Further, the Department is directed to
coordinate activities between Basic Energy Sciences and Fusion
Energy Sciences to advance materials research and other science
priorities to support inertial fusion energy.
The recommendation provides $25,000,000 for the Materials
Plasma Exposure eXperiment.
The recommendation provides $14,674,000 for future
facilities studies.
The Committee urges the Department to broaden the base of
support for commercialization of fusion to include additional
industry, national laboratory, university, government, and
nongovernmental organization partners.
Within fusion energy research, the Department is encouraged
to prioritize high-performance computation activities.
The Committee continues to believe the ITER project
represents an important step forward for energy sciences and
has the potential to revolutionize the current understanding of
fusion energy. The Department is encouraged to develop and
support a national team for ITER research, operations, and
commissioning, which is required to take full advantage of ITER
when it is completed.
HIGH ENERGY PHYSICS
The High Energy Physics program supports fundamental
research into the elementary constituents of matter and energy
and ultimately into the nature of space and time. The program
focuses on particle physics theory and experimentation in three
areas: the energy frontier, which investigates new particles
and fundamental forces through high-energy experimentation; the
intensity frontier, which focuses on rare events to better
understand the fundamental model of the universe's elementary
constituents; and the cosmic frontier, which investigates the
nature of the universe and its form of matter and energy on
cosmic scales.
The recommendation provides not less than $35,000,000 for
the Sanford Underground Research Facility, $10,000,000 for the
Cosmic Microwave Background-Stage 4, and $5,000,000 for the
Accelerator Controls Operations Research Network.
NUCLEAR PHYSICS
The Nuclear Physics program supports research into the
fundamental particles that compose nuclear matter, how they
interact, and how they combine to form the different types of
matter observed in the universe today.
The recommendation includes not less than $102,000,000 for
operations at the Facility for Rare Isotope Beams and not less
than $150,000,000 for operations at the Continuous Electron
Beam Accelerator Facility.
The recommendation provides $15,000,000 for the High
Rigidity Spectrometer and $2,850,000 in other project costs for
the Electron Ion Collider. The Committee supports the FRIB
Isotope Harvesting projects.
ISOTOPE R&D AND PRODUCTION
Isotope R&D and Production ensures robust supply chains of
critical radioactive and stable isotopes for the nation that no
domestic entity has the infrastructure or core competency to
produce.
The Committee recommends up to $10,000,000 be used to
manufacture critical components to maintain existing isotope
production facilities.
The Isotope Program is encouraged to coordinate with the
Office of Environmental Management on issues related to
strontium-90.
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 directs the Department to develop strategic
talent partnerships between National Labs and regional academic
institutions to provide internships and research experiences
for the advanced manufacturing ecosystem.
The Committee notes the importance of developing and
maintaining a highly skilled technical workforce pipeline to
support the DOE's Office of Science laboratory user facilities,
operations, and infrastructure. The Department is directed to
provide to the Committee not later than 180 days after
enactment of this Act a comprehensive feasibility and workforce
trends study outlining the skilled technician workforce
training requirements, programs, gaps, and investments
necessary to establish a skilled technician training program
within the Office of Science to support continued operations of
laboratory user facilities and infrastructure.
Nuclear Waste Disposal
Appropriation, 2023................................... $10,205,000
Budget estimate, 2024................................. 12,040,000
Recommended, 2024..................................... 12,040,000
Comparison:
Appropriation, 2023............................... +1,835,000
Budget estimate, 2024............................ - - -
The recommendation includes $12,040,000 for Nuclear Waste
Disposal for Nuclear Waste Fund (NWF) oversight activities.
The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing on
anticipated future-year requirements for NWF oversight
activities.
Technology Transitions
Appropriation, 2023................................... $22,098,000
Budget estimate, 2024................................. 56,550,000
Recommended, 2024..................................... 22,098,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -34,452,000
The mission of the Office of Technology Transitions (OTT)
is to expand the commercial and public impact of the research
investments of the Department. 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 job creation and
commercialization of technologies developed by the Department.
The recommendation provides $5,000,000 to support the
Energy Program for Innovation Clusters (EPIC) program.
The recommendation includes no funding for the Foundation
for Energy Security and Innovation.
The Committee directs the Department to continue to utilize
incubators when appropriate to assist the agency in its
efforts.
The Department is encouraged to further promote technology
transfer programs and activities that support the
commercialization of technologies within the local and regional
communities of the national laboratories.
Clean Energy Demonstrations
Appropriation, 2023................................... $89,000,000
Budget estimate, 2024................................. 215,300,000
Recommended, 2024..................................... 35,000,000
Comparison:
Appropriation, 2023............................... -54,000,000
Budget estimate, 2024............................. -180,300,000
The Office of Clean Energy Demonstrations (OCED) was
established to accelerate the maturation of near- and mid-term
clean energy technologies and systems with the goal of quicker
commercial adoption and increased availability. This will be
accomplished through a systematic approach that is informed by,
and integrated with, existing clean energy innovation
initiatives across the Department's program and functional
offices, sites, and national laboratories.
The recommendation only includes funding for Program
Direction and provides no funding for new demonstrations. The
Committee notes that more than $21 billion has been provided to
the Office of Clean Energy Demonstrations in the previous two
fiscal years for demonstration activities. When awarding these
funds, the Committee encourages the Department to consider
technology demonstrations in high-emitting and historically
difficult to abate sectors.
Within available funds for Program Direction, the
recommendation includes $10 million for Demonstration Planning
and Analysis to support OCED's continued efforts to develop
improved oversight of project engineering, construction, and
operations of demonstration projects. The Committee expects
OCED to coordinate with the Department to ensure any project
management oversight improvements are applicable to all Offices
in the Department that support demonstration activities.
OCED is directed to coordinate with the Office of Science
to determine the appropriate time to hand off program
management and implementation activities of the Milestone-Based
Development Program. The Committee expects this decision to be
made not later than 180 days after enactment of this Act.
Advanced Research Projects Agency--Energy
Appropriation, 2023................................... $470,000,000
Budget estimate, 2024................................. 650,200,000
Recommended, 2024..................................... 470,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -180,200,000
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
critical economic, environmental, and energy security
challenges.
Title 17 Innovative Technology Loan Guarantee Program
Administrative Expenses
GROSS APPROPRIATION
Appropriation, 2023................................... $66,206,000
Budget estimate, 2024................................. 70,000,000
Recommended, 2024..................................... 70,000,000
Comparison:
Appropriation, 2023............................... +3,794,000
Budget estimate, 2024............................. - - -
OFFSETTING COLLECTIONS
Appropriation, 2023................................... -$35,000,000
Budget estimate, 2024................................. -70,000,000
Recommended, 2024..................................... -70,000,000
Comparison:
Appropriation, 2023............................... -35,000,000
Budget estimate, 2024............................. - - -
NET APPROPRIATION
Appropriation, 2023................................... $31,206,000
Budget estimate, 2024................................. - - -
Recommended, 2024..................................... - - -
Comparison:
Appropriation, 2023............................... -31,206,000
Budget estimate, 2024............................. - - -
The recommendation includes a net appropriation of $0 in
administrative expenses for the Loan Guarantee Program.
Advanced Technology Vehicles Manufacturing Loan Program
Appropriation, 2023................................... $9,800,000
Budget estimate, 2024................................. 13,000,000
Recommended, 2024..................................... 13,000,000
Comparison:
Appropriation, 2023............................... +3,200,000
Budget estimate, 2024............................. - - -
The Energy Independence and Security Act of 2007
established a direct loan program to support the development of
advanced technology vehicles and associated components in the
United States. The program provides loans to automobile and
automobile part manufacturers for the cost of re-equipping,
expanding, or establishing manufacturing facilities in the
United States to produce advanced technology vehicles or
qualified components, and for associated engineering
integration costs.
Tribal Energy Loan Guarantee Program
Appropriation, 2023................................... $4,000,000
Budget estimate, 2024................................. 6,300,000
Recommended, 2024..................................... 6,300,000
Comparison:
Appropriation, 2023............................... +2,300,000
Budget estimate, 2024............................. - - -
The Energy Policy Act of 2005 established a loan guarantee
program for energy development to provide or expand electricity
on Indian land.
Indian Energy Policy and Programs
Appropriation, 2023................................... $75,000,000
Budget estimate, 2024................................. 110,050,000
Recommended, 2024..................................... 75,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -35,050,000
The Energy Policy Act of 2005 established the Office of
Indian Energy and Policy Programs. The Office of Indian Energy
provides technical assistance, direct and remote education,
policy research and analysis, and financial assistance to
Indian tribes, Alaska Native Village and Regional corporations,
and Tribal Energy Resource Development Organizations.
Departmental Administration
GROSS APPROPRIATION
Appropriation, 2023................................... $383,578,000
Budget estimate, 2024................................. 534,053,000
Recommended, 2024..................................... 383,578,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -150,475,000
REVENUES
Appropriation, 2023................................... -100,578,000
Budget estimate, 2024................................. -100,578,000
Recommended, 2024..................................... -100,578,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
NET APPROPRIATION
Appropriation, 2023................................... $283,000,000
Budget estimate, 2024................................. 433,475,000
Recommended, 2024..................................... 283,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -150,475,000
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 aware that the Department does not
currently use an enterprise management software system that is
designed to track all financial and scientific data from its
environmental investigation and remediation efforts. The
Committee encourages the Department to identify and evaluate
commercial-off-the-shelf software solutions to better manage
its environmental remediation efforts and to notify the
Committee of its findings not later than March 1, 2024.
Office of the Secretary.--The Department, through the
Office of the Secretary, shall ensure compliance with Titles VI
and VII of the Civil Rights Act of 1964 and Title IX of the
Education Amendments Act of 1972.
Chief Information Officer.--The Committee supports the
budget request related to energy security research, spectrum
testing, and demonstrations leveraging existing wireless
security testbed capabilities.
International Affairs.--Within International Affairs, the
recommendation includes $2,000,000 for the Israel Binational
Industrial Research and Development (BIRD) Foundation and
$4,000,000 to continue the U.S. Israel Center of Excellence in
Energy Engineering and Water Technology.
The Department is encouraged to consider opportunities to
further partnerships in the Eastern Mediterranean region,
including opportunities to leverage the experience, knowledge,
and expertise of institutions of higher education and entities
in the private sector, among others, to develop more robust
academic cooperation in energy innovation technology and
engineering, water science, technology transfer, and analysis
of emerging geopolitical implications, which include
opportunities as well as crises and threats from foreign
natural resource and energy acquisitions. The Department shall
not establish a new program unless such program is proposed in
a future budget request and approved by Congress.
The Committee encourages the Department to explore
opportunities to enable the national laboratories to engage
high schools locally and across the nation through interactions
with national laboratory employees, work-based learning,
experiential activities, and emerging technology programs.
Other Departmental Administration.--The recommendation
includes no funding for electric vehicles or charging
infrastructure. The recommendation provides not more than
$19,454,000 for the Office of Policy.
Office of the Inspector General
Appropriation, 2023................................... $86,000,000
Budget estimate, 2024................................. 165,161,000
Recommended, 2024..................................... 92,000,000
Comparison:
Appropriation, 2023............................... +6,000,000
Budget estimate, 2024............................. -73,161,000
The Office of the Inspector General performs agency-wide
audit, inspection, and investigative functions to identify and
correct management and administrative deficiencies that create
conditions for existing or potential instances of fraud, waste,
and mismanagement. The audit function provides financial and
performance audits of programs and operations. The inspections
function provides independent inspections and analyses of the
effectiveness, efficiency, and economy of programs and
operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
The Committee recognizes that funding for the Department of
Energy has increased significantly over the past few years
without commensurate increases to funding for the Office of the
Inspector General. In particular, Public Law 117-58 and Public
Law 117-169 provided nearly $100 billion for many new programs
that the Department is still in the process of implementing.
Therefore, the Committee provides additional funds for
Inspector General oversight of base programs and programs
funded by Public Law 117-58 and Public Law 117-169. The
Committee expects the Office of the Inspector General to focus
oversight on those activities deemed at highest risk for waste,
fraud, and abuse of federal taxpayer dollars.
The Office of the Inspector General is directed to continue
providing quarterly briefings to the Committee on
implementation of the independent audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
The Atomic Energy Defense Activities programs of the
Department in the National Nuclear Security Administration
(NNSA) consist of Weapons Activities, Defense Nuclear
Nonproliferation, Naval Reactors, and Federal Salaries and
Expenses. Outside of the NNSA, Atomic Energy Defense Activities
programs include Defense Environmental Cleanup, 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 remains concerned with NNSA's inability to
properly estimate costs and schedules for large projects. As of
March 2023, fifty percent of the NNSA's post CD-2 projects had
either breached their performance baseline (schedule and cost)
or were at risk of doing so. The NNSA is directed to stand up
an independent review team charged with conducting a thorough
analysis of the NNSA processes, procedures, organizational
responsibilities, and accountability related to cost estimating
and performance on projects costing more than $750,000,000. The
review team is directed to provide to the Committee a progress
briefing not later than 90 days after enactment of this Act and
a final report of its findings and recommendations not later
than 180 days after enactment of this Act.
The Government Accountability Office (GAO) has made
numerous recommendations to the NNSA to improve management of
its projects and programs, many of which remain open. The NNSA
is directed to provide to the Committee not later than 60 days
after enactment of this Act and quarterly thereafter briefings
on the status and progress of GAO's open priority
recommendations to the NNSA. The NNSA is directed to use GAO's
Open Recommendations Database as the basis for these briefings.
As part of the quarterly briefings, the NNSA shall provide
information on the actions NNSA has taken or plans to take to
address each open recommendation, timeframes for completion,
and any barriers to implementing the recommendation. The NNSA
should provide information about recommendations where GAO and
the agency have differences of opinion on their status.
The Committee remains concerned with the NNSA's lack of
transparency and inability to proactively communicate with the
Committee. The Committee reminds the NNSA that upfront
communication and consultation on issues such as organizational
and budget structure and major programmatic shifts is critical
for the Committee to provide appropriate oversight and funding.
The NNSA is again directed to consult with the Committee prior
to implementing major organizational, programmatic, and policy
shifts. The fiscal year 2023 Act included language directing
the NNSA to provide to the Committee a briefing on its plan for
improved communications with the Committee, but unfortunately
the briefing failed to provide a plan. The NNSA is again
directed to provide the Committee with a comprehensive
communications and outreach plan not later than 60 days after
enactment of this Act.
The Committee notes the recent Enhanced Missions Delivery
Initiative (EMDI) and directs the NNSA to provide quarterly
briefings on the NNSA's implementation of any EMDI
recommendations and how that implementation is affecting the
NNSA activities.
Weapons Activities
Appropriation, 2023................................... $17,116,119,000
Budget estimate, 2024................................. 18,832,947,000
Recommended, 2024..................................... 19,114,167,000
Comparison:
Appropriation, 2023............................... +1,998,048,000
Budget estimate, 2024............................. +281,220,000
Weapons Activities ensures the safety, security,
reliability, and effectiveness of the nation's nuclear weapons
stockpile without nuclear explosive testing. These activities
are funded by five main elements: Stockpile Management;
Production Modernization; Stockpile Research, Technology, and
Engineering; Infrastructure and Operations; and Security
functions.
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.--The Stockpile Major
Modernization program extends the lifetime of the nation's
nuclear stockpile while addressing required updates, replacing
aging or obsolete components to ensure continued service life,
as well as enhancing security and safety features. This program
funds warhead acquisition programs necessary to extend the
expected life of stockpile systems for an additional 20 to 30
years. The Committee recommends full funding for all ongoing
life extension programs and major alterations.
Stockpile Sustainment.--The Stockpile Sustainment program
directly executes maintenance, surveillance, assessment,
surety, and management activities for all enduring weapons
systems in the stockpile. The Committee recommends full funding
for stockpile sustainment activities.
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.
Plutonium Pit Production.--The Committee continues to
support the two-site program of record to reestablish the
nation's capability to produce 80 plutonium pits per year as
close to 2030 as possible. The infrastructure and critical
skills required for pit production and other plutonium
capabilities are essential for a secure and reliable nuclear
deterrent. The need is even more acute given the current
geopolitical environment. The Committee recommends full funding
for plutonium modernization at Los Alamos National Laboratory
and funding above the request for the Savannah River Site
plutonium activities. Funding for the Savannah River Site is
consistent with fiscal year 2023 projected requirements. Within
available funds the Committee recommends $10,000,000 for next-
generation machining and assembly technology development for
high volume pit production.
Plutonium Modernization.--Within funds provided, not less
than $10,000,000 shall be for workforce development and
training partnerships with Historically Black Colleges and
Universities (HBCUs), Hispanic-Serving Institutions, and Tribal
Colleges and Universities in South Carolina and New Mexico to
support plutonium pit production.
HE Synthesis, Formulation, and Production Facility.--The
Committee recommends funding for the HE Synthesis, Formulation,
and Production Facility at Pantex. The facility, when complete,
will provide the weapons complex with a reliable source of
highly specialized materials and guard against future
production gaps.
In response to a 2019 GAO report, the NNSA developed a
high-level strategic plan for HE activities. This strategic
plan was a good step, as was the bridging strategy the NNSA
produced last year to assure the achievement of explosive
materials deliverables until new facilities are constructed.
Given the high priority the NNSA officials previously
ascribed to the explosive materials mission--particularly the
need to insure against certain single point failures in
material supply--the Committee was surprised to see that the
NNSA's proposed budget included pausing planned construction
projects that would have provided this assurance. The Committee
directs the NNSA to develop, not later than 180 days after
enactment of this Act, a detailed and integrated explosive
activity program plan that covers the cost and schedule of all
activities through the end of the Future-Years Nuclear Security
Program. This plan should also map weapons modernization
programs to demonstrate the impact of proposed changes to
explosive activities on those programs.
Tritium Finishing Facility.--The Committee recommends
funding for the Tritium Finishing Facility at the Savannah
River Site to ensure the project continues on schedule.
Uranium Processing Facility (UPF).--The Committee
recommends funding above the request for continued construction
activities of the Uranium Processing Facility at Y-12. After
reporting steady progress for some years, the abrupt change to
UPF's performance baseline and schedule is of great concern to
the Committee. The NNSA is directed to provide the Committee
monthly briefings on the schedule and funding requirements for
the UPF project with the first briefing occurring not later
than 30 days after enactment of this Act.
GAO reported in March 2020 that the NNSA's Uranium
Processing Facility (UPF) at the Y-12 National Security Complex
(Y-12) was on schedule and budget--construction to be complete
in 2025 and cost no more than $6.5 billion. It also reported
the NNSA had identified over $800 million through 2026 in
Uranium Modernization program costs. In the fiscal year 2024
budget request, the NNSA now says costs have increased by over
$2 billion and the project completion date has slipped four
years to 2029. The Committee requests that GAO update its 2020
report and focus on: the identified cause(s) of UPF cost growth
and schedule slippage; corrective actions to address these cost
and schedule problems; the impact of these cost and schedule
problems on underway and planned weapons modernization efforts;
and the scope, cost, and schedule of activities funded by the
Uranium Modernization program through the currently proposed
Future Years Nuclear Security Program (FYs 2024-2028). GAO is
directed to provide to the Committee not later than 90 days
after enactment of this Act an initial briefing on its
assessments.
University Collaboration.--The Committee is pleased with
the progress in developing the scope for establishing the
Center of Excellence regarding lifetime extension and materials
degradation issues, including its expansion to the entire
nuclear security enterprise. The NNSA is encouraged to continue
these efforts, including developing a recruiting pipeline
capability across the enterprise, in consultation with
institutions that have an existing track record with
institutions traditionally underrepresented in the nuclear
security industry, including Minority Serving Institutions and
HBCUs.
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.
Inertial Confinement Fusion (ICF) and High Yield.--The
Committee recommends $630,000,000 for the Inertial Confinement
Fusion and High-Yield Campaign, including target research,
development, and fabrication.
Advanced Simulation and Computing.--For more than two
decades, the Advanced Simulation and Computing program has
effectively utilized supercomputing to provide accurate nuclear
weapons simulation capabilities for the NNSA's Stockpile
Stewardship Program.
Stockpile Responsiveness Program (SRP).--The Committee
encourages the NNSA to continue activities to advance a low-
cost modular family of sub-orbital vehicles to enhance nuclear
modernization testing efforts. Advancements in additively
manufactured components of solid propellants have shown these
types of flight tests can be done in a rapid, affordable
fashion, at an eventual test rate of up to once per month.
ACADEMIC PROGRAMS
Academic Programs.--The Committee recognizes the importance
of Academic Programs in supporting the nuclear security
enterprise in both research and development and the development
of a highly skilled workforce. Within Academic Programs,
$45,000,000 is recommended for the Minority Serving Institution
Partnership Program, and $10,000,000 is recommended for Tribal
Colleges and Universities.
The Committee is pleased to see partnerships between
universities and the NNSA sites and encourages the Department
to continue funding initiatives that have led to collaboration
between industry, national labs, and universities (including
Minority Serving Institutions) to develop innovative
technologies. This collaboration remains crucial for addressing
national security challenges, including detection of nuclear,
blast containment, shock mitigation, and smart grid security
while building critical workforce development pipelines.
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.
Commercial Construction Standards.--The NNSA spends well
over $1,000,000,000 annually on low-risk, non-nuclear
recapitalization and construction projects and applies the same
requirements to these projects as it does to high-risk nuclear
projects. The NNSA could reduce the cost of construction if it
applied appropriate commercial standards, compliant with
applicable local and state regulations, to improve execution
schedule and cost. The NNSA has successfully used similar
strategies in the past, and currently has a small pilot program
underway, but more can be done. The NNSA is directed to
evaluate all existing tools at its disposal, such as the use of
capital leases and the quit claim deed process, to streamline
construction of low-risk non-nuclear facilities and to seek
opportunities to reduce construction costs where possible.
Further, the NNSA shall initiate no less than three additional
pilot projects across multiple sites to maximize use of
commercial standards where appropriate to the project risks and
brief the Committee on the proposed projects not later than 90
days after enactment of this Act.
LEGACY CONTRACTOR PENSIONS
The Committee provides $65,452,000 for payments, required
by legal obligations, into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Defense Nuclear Nonproliferation
Appropriation, 2023................................... $2,490,000,000
Budget estimate, 2024................................. 2,508,959,000
Recommended, 2024..................................... 2,380,037,000
Comparison:
Appropriation, 2023............................... -109,963,000
Budget estimate, 2024............................. -128,922,000
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.
Global Material Security.--The Nuclear Smuggling Detection
and Deterrence (NSDD) program works with partner countries to
deter, detect, and investigate nuclear and radiological
trafficking. NSDD provides partners with tailored radiation
detection systems based on assessments of high-risk smuggling
pathways and operational environments. The Committee is
concerned that much of the deployed NSDD equipment has exceeded
its useful life and should be modernized. The Committee
supports NSDD's decision to no longer deploy Russian-made
radiation detection systems and directs the Department, not
later than 60 days after enactment of this Act, to provide a
briefing on its plan to replace previously deployed Russian-
made systems outside of Russia that have reached the end of
their service life, where possible, with U.S. made radiation
detection systems. The briefing should include the resources
required to implement the plan.
Defense Nuclear Nonproliferation Research and
Development.--The Committee notes the importance of the
University Consortia and Nonproliferation Stewardship programs
and includes $20,000,000 for the University Consortia for
Nuclear Nonproliferation Research.
Funds above the request have been included for the
Nonproliferation Stewardship Program for a uranium test bed to
evaluate, explore, and test emerging technologies and to
maintain core competencies through enhanced, hands-on training.
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 $22,587,000 for payments, required
by legal obligations, into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2023................................... $2,081,445,000
Budget estimate, 2024................................. 1,964,100,000
Recommended, 2024..................................... 1,946,049,000
Comparison:
Appropriation, 2023............................... -135,396,000
Budget estimate, 2024............................. -18,051,000
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 for Columbia-
Class submarine reactor development and continues construction
activities of the Spent Fuel Handling Recapitalization Project.
Naval Reactors Development.--Naval Reactors is directed to
provide a separate project data sheet for SSNX with the fiscal
year 2025 budget submission clearly identifying fiscal year
2025 and FYNSP funding requirements.
Within available funds for Naval Reactors Development,
$99,747,000 is transferred to the Office of Nuclear Energy for
Advanced Test Reactor operations.
Federal Salaries and Expenses
Appropriation, 2023................................... $475,000,000
Budget estimate, 2024................................. 538,994,000
Recommended, 2024..................................... 518,994,000
Comparison:
Appropriation, 2023............................... +43,994,000
Budget estimate, 2024............................. -20,000,000
The Federal Salaries and Expenses account provides
salaries, corporate planning, oversight, and management for
Defense Programs, Defense Nuclear Nonproliferation, and the
NNSA field offices in New Mexico, Nevada, Missouri, Tennessee,
Texas, South Carolina, and California.
Human Capital Management.--The Committee notes the success
of the NNSA's partnership with its Management and Operating
contractors to coordinate enterprise-wide recruiting efforts.
However, the Committee remains concerned about the NNSA's
ability to meet its federal staffing requirements, a challenge
that poses risk to successfully managing a nuclear
modernization effort unprecedented in its scope and complexity.
The NNSA is directed to continue providing the Committee
monthly updates on the status of hiring and retention.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
Appropriation, 2023................................... $7,025,000,000
Budget estimate, 2024................................. 7,073,587,000
Recommended, 2024..................................... 7,073,556,000
Comparison:
Appropriation, 2023............................... +48,556,000
Budget estimate, 2024............................. -31,000
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 other cleanup action.
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 Oak Ridge, Idaho, and Savannah River. The
recommendation continues to fund a balanced approach that
sustains the momentum of ongoing cleanup activities more
consistently across all Department cleanup sites.
Hanford Site.--The recommendation provides the budget
request for Richland and funding significantly above the fiscal
year 2023 enacted level for the Office of River Protection to
support stable cleanup activities at the Hanford Site.
The Department is directed to apply for the Phase II of the
Test Bed Initiative (TBI) permit at Hanford by the end of 2023.
This 2,000-gallon demonstration shall include a safe and
effective approach for immobilizing low-activity waste for
disposal out of Washington State in licensed and permitted
commercial facilities. The Department shall build upon the TBI
experience and provide a briefing to Congress that includes
specific funding requirements to accomplish the outcome
recommended by the Federally Funded Research and Development
Center (FFRDC), pursuant to Section 3125 of the FY21 National
Defense Authorization Act, to implement multiple pathways for
grout solidification/immobilization and disposal outside the
state of Washington in parallel with the Direct-Feed Low-
Activity Waste vitrification process.
Richland Operations.--The Committee encourages the
Department to continue to pursue activities related to making
strontium-90 for commercial beneficial use as part of the
Management of Cesium and Strontium Capsules Project (W-135) at
the Waste Encapsulation and Storage Facility.
Idaho National Laboratory.--The Committee is aware of
efforts underway at the Idaho National Laboratory Site to
collaborate across all programs and contractors to address
respective missions. The Committee encourages the Office of
Nuclear Energy, the Office of Environmental Management, and
Naval Reactors to continue this integration to ensure existing
facilities, capabilities, and workforce are being utilized
efficiently and effectively.
Savannah River Site.--The recommendation includes funds
above the budget request to support stable funding for cleanup
at the site, including $42,000,000 for operations and
maintenance of radiological facilities at the Savannah River
National Laboratory (SRNL).
Program Direction.--Recruitment and training of scientists,
engineers, and other professionals is important to address
retirement and other attrition trends. As part of its workforce
strategies, the Committee recommends up to $5,000,000 to
leverage the DOE Scholars Program to enable the training of
technicians, engineers, and scientists to support cleanup and
remediation activities across the program.
Program Support.--The Committee supports funding for the
Minority Serving Institution Partnership Program (MSIPP). The
Department is directed to use a competitive, merit-based
process in awarding funds for this program. Further, the
Department is directed to provide to the Committee not later
than 30 days after enactment of this Act and prior to the
issuance of a funding opportunity announcement or the
allocation or obligation of any funds a detailed spend plan for
fiscal year 2024 funds.
Technology Development.--The Office of Environmental
Management is encouraged to continue the National Spent Nuclear
Fuel Program to address issues related to storing,
transporting, processing, and disposing of Department-owned and
managed spent nuclear fuel. The Committee recommends up to
$5,000,000 for existing cooperative agreements for the
independent review, analysis, applied research and educational
initiatives to support cost-effective, risk-informed cleanup
decision making. Within available funding, the Department is
encouraged to continue work on qualification, testing, and
research to advance the state-of-the-art containment
ventilation systems.
Other Defense Activities
Appropriation, 2023................................... $1,035,000,000
Budget estimate, 2024................................. 1,075,197,000
Recommended, 2024..................................... 1,075,197,000
Comparison:
Appropriation, 2023............................... +40,197,000
Budget estimate, 2024............................. - - -
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.
POWER MARKETING ADMINISTRATIONS
Management of the federal power marketing functions was
transferred from the Department of the Interior to the
Department of Energy in the Department of Energy Organization
Act of 1977 (Public Law 95-91). These functions include the
power marketing activities authorized under section 5 of the
Flood Control Act of 1944 and all other functions of the
Bonneville Power Administration, the Southeastern Power
Administration, the Southwestern Power Administration, and the
power marketing functions of the Bureau of Reclamation that
have been transferred to the Western Area Power Administration.
All four power marketing administrations (PMAs) give
preference in the sale of their power to publicly-owned and
cooperatively-owned utilities. Operations of the Bonneville
Power Administration are financed principally under the
authority of the Federal Columbia River Transmission System Act
(Public Law 93-454). Under this Act, the Bonneville Power
Administration is authorized to use its revenues to finance the
costs of its operations, maintenance, and capital construction
and to sell bonds to the Treasury if necessary to finance any
additional capital program requirements.
Bonneville Power Administration Fund
The Bonneville Power Administration (BPA) is the
Department's marketing agency for electric power in the Pacific
Northwest. BPA provides electricity to a 300,000 square mile
service area in the Columbia River drainage basin and it
markets the power from federal hydropower projects in the
Northwest, as well as power from non-federal generating
facilities in the region, and exchanges and markets surplus
power with Canada and California.
Operation and Maintenance, Southeastern Power Administration
Appropriation, 2023................................... $- - -
Budget estimate, 2024................................. - - -
Recommended, 2024..................................... - - -
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
The Southeastern Power Administration (SEPA) markets
hydroelectric power from 22 Corps Projects to 473 customers
across 11 states in the southeast. SEPA does not own or operate
any transmission facilities, so it contracts to ``wheel'' its
power using the existing transmission facilities of area
utilities.
Operation and Maintenance, Southwestern Power Administration
Appropriation, 2023................................... $10,608,000
Budget estimate, 2024................................. 11,440,000
Recommended, 2024..................................... 11,440,000
Comparison:
Appropriation, 2023............................... +832,000
Budget estimate, 2024............................. - - -
The Southwestern Power Administration (SWPA) markets
hydroelectric power produced at 24 Corps projects in the six-
state area of Arkansas, Kansas, Louisiana, Missouri, Oklahoma,
and Texas. SWPA operates and maintains 1,381 miles of
transmission lines, along with supporting substations and
communications sites.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
Appropriation, 2023................................... $98,732,000
Budget estimate, 2024................................. 99,872,000
Recommended, 2024..................................... 99,872,000
Comparison:
Appropriation, 2023............................... +1,140,000
Budget estimate, 2024............................. - - -
The Western Area Power Administration (WAPA) is responsible
for marketing the electric power generated by the Bureau of
Reclamation, the Corps, and the International Boundary and
Water Commission. WAPA also operates and maintains a system of
transmission lines nearly 17,000 miles long. WAPA provides
electricity to 15 western states over a service area of 1.3
million square miles.
Falcon and Amistad Operating and Maintenance Fund
Appropriation, 2023................................... $228,000
Budget estimate, 2024................................. 228,000
Recommended, 2024..................................... 228,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
Falcon Dam and Amistad Dam are two international water
projects located on the Rio Grande River between Texas and
Mexico. Power generated by hydroelectric facilities at these
two dams is sold to public utilities through WAPA. The Foreign
Relations Authorization Act for Fiscal Years 1994 and 1995
created the Falcon and Amistad Operating and Maintenance Fund
to defray the costs of operation, maintenance, and emergency
activities. The Fund is administered by WAPA for use by the
Commissioner of the U.S. Section of the International Boundary
and Water Commission.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2023................................... $508,400,000
Budget estimate, 2024................................. 520,000,000
Recommended, 2024..................................... 520,000,000
Comparison:
Appropriation, 2023............................... +11,600,000
Budget estimate, 2024............................. - - -
REVENUES
Appropriation, 2023................................... -$508,400,000
Budget estimate, 2024................................. -520,000,000
Recommended, 2024..................................... -520,000,000
Comparison:
Appropriation, 2023............................... -11,600,000
Budget estimate, 2024............................. - - -
The Committee recommendation for the Federal Energy
Regulatory Commission (FERC) is $520,000,000. Revenues for FERC
are established at a rate equal to the budget authority,
resulting in a net appropriation of $0.
COMMITTEE RECOMMENDATION
The Committee's detailed funding recommendations for
programs in Title III are contained in the following table.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 301 continues 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.
Section 302 continues a provision that authorizes
intelligence activities of the Department of Energy for
purposes of section 504 of the National Security Act of 1947.
Section 303 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.
Section 304 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.
Section 305 continues a provision that prohibits the use of
certain funds in this title unless project management is
conducted.
Section 306 continues a provision to prohibit certain
payments.
Section 307 prohibits activities related to energy
efficiency standards of distribution transformers.
Section 308 prohibits the Office of Science from entering
into multi-year funding agreements with a value of less than
$5,000,000.
Section 309 makes additional funds available to the Office
of the Inspector General for oversight of Public Law 117-58 and
Public Law 117-169.
Section 310 addresses regional petroleum product reserves.
Section 311 rescinds certain funds from prior year
appropriations.
Section 312 rescinds certain funds from Public Law 117-169.
Section 313 prohibits funds to implement the Department of
Energy Justice40 Initiative.
Section 314 includes criteria for the sale of petroleum
products from the Strategic Petroleum Reserve.
Section 315 addresses research security.
Section 316 makes certain funds available under Public Law
117-58 available for different purposes.
Section 317 prohibits activities related to energy
conservation standards for gas kitchen ranges and ovens.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
Appropriation, 2023................................... $200,000,000
Budget estimate, 2024................................. 235,000,000
Recommended, 2024..................................... 200,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. -35,000,000
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.
Within available funds, the Committee provides not less
than $65,000,000 for activities in support of the POWER Plan
for activities that target resources to help communities and
regions that have been affected by job losses in coal mining,
coal power plant operations, and coal related supply chain
industries due to the economic downturn of the coal industry.
These projects will create and retain jobs, assist businesses,
and prepare thousands of workers and students with globally
competitive skills and opportunities in the region's
manufacturing, technology, entrepreneurship, agriculture, and
other emerging sectors.
The recommendation includes $10,000,000 to continue the
program of high-speed broadband deployment in distressed
counties within the Central Appalachian region that have been
most negatively impacted by the downturn in the coal industry.
The recommendation includes $16,000,000 for a program of
basic infrastructure improvements in distressed counties in
Central Appalachia.
The Committee appreciates the Commission providing the
analysis related to persistent poverty or distressed
communities pursuant to previous Congressional direction and
encourages the Commission to continue targeting funding to
those communities consistent with its statutory authorization.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
Appropriation, 2023................................... $41,401,000
Budget estimate, 2024................................. 47,230,000
Recommended, 2024..................................... 45,000,000
Comparison:
Appropriation, 2023............................... +3,599,000
Budget estimate, 2024............................. -2,230,000
The Defense Nuclear Facilities Safety Board (DNFSB) was
created by the National Defense Authorization Act for fiscal
year 1989. The Board, composed of five members appointed by the
President, provides advice and recommendations to the Secretary
of Energy regarding public health and safety issues at the
Department's defense nuclear facilities. The Board is
responsible for reviewing and evaluating the content and
implementation of the standards relating to the design,
construction, operation, and decommissioning of the Department
of Energy's defense nuclear facilities.
Delta Regional Authority
SALARIES AND EXPENSES
Appropriation, 2023................................... $30,100,000
Budget estimate, 2024................................. 30,100,000
Recommended, 2024..................................... 31,100,000
Comparison:
Appropriation, 2023............................... +1,000,000
Budget estimate, 2024............................. +1,000,000
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.
Local Development District Community Support Pilot
Program.--The Committee applauds DRA's pilot program, which
targets capacity-building for the 45 local development
districts in DRA's service area and enhances the region's
resiliency and ability to compete for and leverage resources.
This pilot program provides critical resources to economically
distressed areas that do not have the financial means for
professional grant-writing assistance. The Committee believes
this is a worthy effort that will ensure rural, impoverished
areas are not left behind. Therefore, the Committee provides
not less than $1,000,000 to further support this initiative.
The fiscal year 2023 Act directed the Commission to provide
an analysis related to persistent poverty or distressed
communities. The Committee is still awaiting this analysis and
directs the DRA to provide the analysis expeditiously.
Denali Commission
Appropriation, 2023................................... $17,000,000
Budget estimate, 2024................................. 17,000,000
Recommended, 2024..................................... 17,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
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 fiscal year 2023 Act directed the Commission to provide
an analysis related to persistent poverty or distressed
communities. The Committee is still awaiting this analysis and
directs the Commission to provide the analysis expeditiously.
Northern Border Regional Commission
Appropriation, 2023................................... $40,000,000
Budget estimate, 2024................................. 40,000,000
Recommended, 2024..................................... 40,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
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 appreciates the Commission providing the
analysis related to persistent poverty or distressed
communities pursuant to previous congressional direction and
encourages the Commission to continue targeting funding to
those communities consistent with its statutory authorization.
Southeast Crescent Regional Commission
Appropriation, 2023................................... $20,000,000
Budget estimate, 2024................................. 20,000,000
Recommended, 2024..................................... 20,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
The Food, Conservation, and Energy Act of 2008 (Public Law
110-234) authorized the establishment of the Southeast Crescent
Regional Commission as a federal-state partnership intended to
address the economic development needs of distressed portions
of the seven state region in the southeastern United States not
already served by a regional development agency. The Committee
was pleased with the recent appointment and confirmation of a
Federal Co-Chair and supports expeditiously moving forward to
establish the Commission.
The fiscal year 2023 Act directed the Commission to provide
an analysis related to persistent poverty or distressed
communities. The Committee is still awaiting this analysis and
directs the Commission to provide the analysis expeditiously.
Southwest Border Regional Commission
Appropriation, 2023................................... $5,000,000
Budget estimate, 2024................................. 5,000,000
Recommended, 2024..................................... 5,000,000
Comparison:
Appropriation, 2023............................... - - -
Budget estimate, 2024............................. - - -
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 Commission is encouraged to
establish key partnerships with local communities for programs
in economically distressed areas and to consider opportunities
to establish a regional presence in or near major inland ports
of entry.
Great Lakes Authority
Appropriation, 2023................................... $- - -
Budget estimate, 2024................................. 5,000,000
Recommended, 2024..................................... 5,000,000
Comparison:
Appropriation, 2023............................... +5,000,000
Budget estimate, 2024............................. - - -
The Great Lakes Authority (GLA), authorized in Public Law
117-328, was established as a federal-state partnership
intended to provide assistance in the areas of the watershed of
the Great Lakes and the Great Lakes System. The GLA region
includes Illinois, Indiana, Michigan, Minnesota, New York,
Ohio, Pennsylvania, and Wisconsin.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2023................................... $911,384,000
Budget estimate, 2024................................. 960,560,000
Recommended, 2024..................................... 960,560,000
Comparison:...........................................
Appropriation, 2023............................... +49,176,000
Budget estimate, 2024............................. - - -
REVENUES
Appropriation, 2023................................... -$777,498,000
Budget estimate, 2024................................. -807,727,000
Recommended, 2024..................................... -807,727,000
Comparison:
Appropriation, 2023............................... -30,229,000
Budget estimate, 2024............................. - - -
NET APPROPRIATION
Appropriation, 2023................................... $133,886,000
Budget estimate, 2024................................. 152,833,000
Recommended, 2024..................................... 152,833,000
Comparison:
Appropriation, 2023............................... +18,947,000
Budget estimate, 2024............................. - - -
The Committee recommendation for the Nuclear Regulatory
Commission (NRC) provides the following amounts:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2023 enacted FY 2024 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety.............................. $490,673 $530,789 $530,789
Nuclear Materials and Waste Safety.................. 111,594 125,989 125,989
Decommissioning and Low-Level Waste................. 23,866 26,957 26,957
Integrated University Program....................... 16,000 0 0
Corporate Support................................... 285,251 303,968 303,968
-----------------------------------------------------------
TOTAL, Program Level............................ 927,384 987,703 987,703
Savings and Carryover........................... -16,000 -27,143 -27,143
-----------------------------------------------------------
TOTAL........................................... 911,384 960,560 960,560
----------------------------------------------------------------------------------------------------------------
The Commission is responsible for ensuring the safety and
security of the nation's commercial nuclear reactors and
overseeing certain nuclear materials and radioactive waste
activities. The Committee expects the Commission to hold the
nuclear industry to the highest safety standards in law and in
regulation.
The Commission is directed to provide budget request
amounts rounded to the thousands in all tables in future budget
request submissions.
Office of the Commission.--Within available funds, up to
$10,350,720 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 to the Committee regular briefings on
the Commission's current reactor oversight and safety program
and on any proposed changes before they are implemented.
International Advanced Reactor Activities.--The Committee
encourages the Commission, in coordination with the Department
of Energy, to continue its overseas engagement on advanced
reactors, including prioritizing international cooperation and
assistance activities for licensing of small modular reactors
and advanced reactors in prospective countries. The
Commission's efforts should include input from and coordination
with interagency partners. The Commission is directed to update
the Committee on future resource needs based on international
interest and demand.
Nuclear Fusion.--The Committee applauds the Commission for
its diligent research into fusion energy systems. As the
Commission staff Option Paper has found that currently
contemplated fusion devices can be regulated under a byproduct
materials framework, the Committee encourages the Commission to
focus its efforts towards developing a path for fusion within
that framework.
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.
Nuclear Medicine Event Reporting.--The Committee applauds
the Commission's acceptance of Petition for Rulemaking PRM-35-
22 and acknowledgments that large nuclear medicine
extravasations can cause patient injury and that reporting such
occurrences could improve patient care. The Committee strongly
encourages the Commission to thoroughly consider all comments
received during the proposed preliminary rulemaking comment
period related to reporting criterion on patient harm. The
Committee further encourages the Commission to utilize the
risk-informed, dose-based reporting threshold the Commission
uses in other aspects of radiation protection for reporting of
large extravasations.
GAO Report on Nuclear Plant Safety.--While the Commission
and its programs ensure safety and security measures are in
place to properly manage hazards at our nation's nuclear power
plants, years of financial pressure and uncertainty have had an
impact on reactor safety at the Davis-Besse nuclear plant.
Given those concerns and safety issues, the Committee directs
the Government Accountability Office, not later than 18 months
after enactment of this Act, to provide a report on NRC
oversight of nuclear power plant safety and mechanisms for
ensuring adequate protection of public health and safety.
Employee Survey.--The Committee recommends the Commission
develop and deploy an anonymous, optional survey to NRC
employees with the intention of discovering potential avenues
to ultimately improve the efficiency and effectiveness of the
agency overall, without the fear of reprisal.
Office of Inspector General
GROSS APPROPRIATION
Appropriation, 2023................................... $15,769,000
Budget estimate, 2024................................. 18,648,000
Recommended, 2024..................................... 18,648,000
Comparison:
Appropriation, 2023............................... +2,879,000
Budget estimate, 2024............................. - - -
REVENUES
Appropriation, 2023................................... -$12,655,000
Budget estimate, 2024................................. -15,481,000
Recommended, 2024..................................... -15,481,000
Comparison:
Appropriation, 2023............................... -2,826,000
Budget estimate, 2024............................. - - -
NET APPROPRIATION
Appropriation, 2023................................... $3,114,000
Budget estimate, 2024................................. 3,167,000
Recommended, 2024..................................... 3,167,000
Comparison:
Appropriation, 2023............................... +53,000
Budget estimate, 2024............................. - - -
The Committee includes $1,534,900,000 within this
appropriation to provide inspector general services for the
Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
Appropriation, 2023................................... $3,945,000
Budget estimate, 2024................................. 4,064,000
Recommended, 2024..................................... 4,064,000
Comparison:
Appropriation, 2023............................... +119,000
Budget estimate, 2024............................. - - -
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
Section 401 continues a provision requiring the NRC to
comply with certain procedures when responding to congressional
requests for information.
Section 402 continues a provision regarding the
circumstances in which the Nuclear Regulatory Commission may
reprogram funds.
TITLE V--WATER FOR CALIFORNIA
Section 501 defines terms for the purposes of subtitle A
through subtitle D of Title V only.
Section 502 addresses the treatment of previously
appropriated funds.
Section 511 directs water project operations in California
consistent with certain criteria.
Section 512 maximizes water supplies in California.
Section 513 delineates allocations of water supplies in
California with respect to water project operations.
Section 514 describes certain necessary conditions for
reevaluation of project operations.
Section 515 provides for the expiration of certain
provisions of title V.
Section 516 modifies public water agency involvement in
revising project operations.
Section 521 defines additional terms for the purposes of
subtitle B only.
Section 522 directs water allocations for certain water
contractors.
Section 523 clarifies impacts on certain environmental and
contractual water deliveries.
Section 524 clarifies impacts on certain water deliveries
and water rights.
Section 531 removes eligibility restrictions under an
existing infrastructure program.
Section 532 directs the development of a plan for certain
water supply improvements.
Section 533 directs a report on certain fish hatcheries.
Section 534 modifies and extends certain authorities
related to water infrastructure programs.
Section 535 clarifies project eligibility under a certain
water infrastructure program.
Section 541 directs a timeline for completion of certain
environmental obligations in California.
Section 551 defines additional terms for the purposes of
subtitle E only.
Section 552 establishes coordinated environmental reviews
of certain water projects.
Section 553 describes the responsibilities of the Bureau of
Reclamation in coordinated environmental reviews of certain
water projects.
Section 554 describes the responsibilities of other federal
agencies involved in coordinated environmental reviews of
certain water projects.
Section 555 authorizes funding for coordinated
environmental reviews.
TITLE VI--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Section 601 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.
Section 602 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.
Section 603 continues a provision prohibiting funds in this
Act from being used to maintain or establish computer networks
unless such networks block the viewing, downloading, or
exchange of pornography.
Section 604 prohibits funds for private consolidated
interim storage of commercial spent nuclear fuel.
Section 605 prohibits funds to promote or advance Critical
Race Theory.
Section 606 prohibits funds to implement certain Executive
Orders.
Section 607 prohibits funds to discriminate against a
person who speaks, or acts, in accordance with a sincerely held
religious belief, or moral conviction, that marriage is, or
should be recognized as, a union of one man and one woman.
Section 608 prohibits activities related to energy
conservation standards for residential clothes washers.
Section 609 prohibits funds for any diversity, equity, and
inclusion office, program, or training.
Section 610 prohibits funds to implement or enforce section
370 of Public Law 116-283 with respect to civil works projects.
Section 611 prohibits funds for activities related to any
entity of concern, as defined in section 10114 of title I of
division B of Public Law 117-167.
Section 612 prohibits the Secretary of Energy from awarding
any contracts, subcontracts, grants, or loans to an entity that
meets certain criteria.
Section 613 establishes a spending reduction account.
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'', $8,200,000 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'', $1,051,000 is
available for transfer to the Upper Colorado River Basin Fund
and $7,584,000 is available for transfer to the Lower Colorado
River Basin Development Fund. Such funds as may be necessary
may be advanced to the Colorado River Dam Fund. Additionally,
$5,500,000 is available for transfer into the San Gabriel Basin
Restoration Fund established by section 110 of title I of
division B of appendix D of Public Law 106-554. The amounts of
transfers may be increased or decreased within the overall
appropriation under the heading.
Under ``Water and Related Resources'', $500,000 is
available for transfer into the Aging Infrastructure Account
established by section 9603(d)(1) of the Omnibus Public Land
Management Act of 2009, as amended.
Under ``California Bay-Delta Restoration'', such sums as
may be necessary to carry out authorized purposes may be
transferred to appropriate accounts of other participating
federal agencies.
TITLE III--DEPARTMENT OF ENERGY
Under ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Naval Reactors'', $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'' for the Advanced Test Reactor.
Under 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 309, ``General Provisions--Department of
Energy,'' portions of certain unobligated balances provided in
Public Law 117-58 and Public Law 117-169 shall be transferred
to the Office of the Inspector General of the Department of
Energy.
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.
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.
Language has been included under Corps of Engineers,
General Provisions, section 109, nullifying the rule related to
the definition of waters under the jurisdiction of the Federal
Water Pollution Control Act.
Language has been included under the Corps of Engineers,
General Provisions, section 110, allowing the possession of
firearms at water resources development projects under certain
circumstances.
Language has been included under the Corps of Engineers,
General Provisions, section 111, prohibiting implementation of
any changes to eligibility requirements for assistance under
P.L. 84-99 after a date certain.
Language has been included under the Corps of Engineers,
General Provisions, section 112, allowing certain funds made
available under Public Law 117-58 to be made available for
certain projects that received funds under Public Law 115-123.
TITLE II--DEPARTMENT OF THE INTERIOR
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing that funds are available
for fulfilling federal responsibilities to Native Americans and
for grants to and cooperative agreements with state and local
governments and Indian tribes.
Language has been included under Bureau of Reclamation,
Water and Related Resources, allowing fund transfers within the
overall appropriation to the Upper Colorado River Basin Fund
and the Lower Colorado River Basin Development Fund; providing
that such sums as necessary may be advanced to the Colorado
River Dam Fund; and transfers may be increased or decreased
within the overall appropriation.
Language has been included under Bureau of Reclamation,
Water and Related Resources, allowing fund transfers within the
overall appropriation to the Aging Infrastructure Account
established by section 9603(d)(1) of the Omnibus Public Land
Management Act of 2009, as amended.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing for funds to be derived
from the Reclamation Fund, the Water Storage Enhancements
Receipts account established by section 4011(e) of Public Law
114-322, or the special fee account established by 16 U.S.C.
6806; that funds contributed under 43 U.S.C. 395 by non-federal
entities shall be available for expenditure; and that funds
advanced under 43 U.S.C. 397a are to be credited to the Water
and Related Resources account and available for expenditure.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing that funds certain funds
appropriated under this heading shall be deposited in the San
Gabriel Restoration Fund established by section 110 of title I
of appendix D of Public Law 106-554.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing that funds may be used
for high priority projects carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
Language has been included under Bureau of Reclamation,
Central Valley Project Restoration Fund, allowing the Bureau of
Reclamation to expend such sums as may be collected in fiscal
year 2024.
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,
Policy and Administration, providing that funds are available
for official reception and representation 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.
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.
Language has been included under Defense Nuclear
Nonproliferation for the purchase, construction, and
acquisition of plant and capital equipment.
Language has been included under Naval Reactors for the
acquisition of real property, plant, and capital equipment,
facilities, and facility expansion.
Language has been included under Naval Reactors
transferring certain funds to Nuclear Energy.
Language has been included under Federal Salaries and
Expenses providing funding for official reception and
representation expenses.
Language has been included under Defense Environmental
Cleanup for the purchase, construction, and acquisition of
plant and capital equipment.
Language has been included under 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 2024 until enactment of the
Intelligence Authorization Act for fiscal year 2024.
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, regarding project management.
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, to prohibit activities related
to energy efficiency standards of distribution transformers.
Language has been included under Department of Energy,
General Provisions, section 308, to prohibit the Office of
Science from entering into multi-year funding agreements with a
value of less than $5,000,000.
Language has been included under Department of Energy,
General Provisions, section 309, making additional funds
available to the Office of the Inspector General for oversight
of Public Law 117-58 and Public Law 117-169.
Language has been included under Department of Energy,
General Provisions, section 310, regarding regional petroleum
product reserves.
Language has been included under Department of Energy,
General Provisions, section 311, rescinding funds from prior
year appropriations.
Language has been included under Department of Energy,
General Provisions, section 312, rescinding certain funds from
Public Law 117-169.
Language has been included under Department of Energy,
General Provisions, section 313, to prohibit funds to implement
the Department of Energy Justice40 Initiative.
Language has been included under Department of Energy,
General Provisions, section 314, regarding criteria for the
sale of petroleum products from the Strategic Petroleum
Reserve.
Language has been included under Department of Energy,
General Provisions, section 315, regarding research security.
Language has been included under Department of Energy,
General Provisions, section 316, making certain funds available
under Public Law 117-58 available for different purposes.
Language has been included under Department of Energy,
General Provisions, section 317, prohibiting activities related
to energy conservation standards for gas kitchen ranges and
ovens.
TITLE IV--INDEPENDENT AGENCIES
Language has been included under Appalachian Regional
Commission providing for the hire of passenger vehicles and
services authorized by section 3109 of title 5, United States
Code.
Language has been included under Delta Regional Authority
allowing the expenditure of funds as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act.
Language has been included under Denali Commission allowing
the expenditure of funds notwithstanding section 306(g) of the
Denali Commission Act of 1998, and providing for cost-share
requirements for Commission-funded construction projects in
distressed and non-distressed communities, as defined by
section 307 of the Denali Commission Act of 1998, as amended.
Language has been included under Denali Commission allowing
funding to be available for payment of a non-federal share for
certain programs.
Language has been included under Northern Border Regional
Commission allowing the expenditure of funds, notwithstanding
section 15751(b) of title 40, United States Code.
Language has been included under Nuclear Regulatory
Commission (NRC), Salaries and Expenses, that provides for
salaries and other support costs for the Office of the
Commission.
Language has been included under Nuclear Regulatory
Commission, Salaries and Expenses that provides for official
representation expenses and permits the use of revenues from
licensing fees, inspections services, and other services for
salaries and expenses to reduce the appropriation as revenues
are received.
Language has been included under Office of Inspector
General that provides for the use of revenues from licensing
fees, inspections services, and other services for salaries and
expenses, notwithstanding section 3302 of title 31, United
States Code, to reduce the appropriation as revenues are
received.
Language has been included under Independent Agencies,
General Provisions, section 401, 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--WATER FOR CALIFORNIA
Language has been included under section 501 defining terms
for the purposes of subtitle A through subtitle D of Title V
only.
Language has been included under section 511 to direct
water project operations in California consistent with certain
criteria.
Language has been included under section 512 to maximize
water supplies in California.
Language has been included under section 513 to delineate
allocations of water supplies in California with respect to
water project operations.
Language has been included under section 514 describing
certain necessary conditions for reevaluation of project
operations.
Language has been included under section 515 related to
expiration of certain provisions of title V.
Language has been included under section 516 related to
public water agency involvement in revising project operations.
Language has been included under section 521 defining
additional terms for the purposes of subtitle B only.
Language has been included under section 522 directing
water allocations for certain water contractors.
Language has been included under section 523 to clarify
impacts on certain environmental and contractual water
deliveries.
Language has been included under section 524 to clarify
impacts on certain water deliveries and water rights.
Language has been included under section 531 to remove
eligibility restrictions under an existing infrastructure
program.
Language has been included under section 532 to direct
development of a plan for certain water supply improvements.
Language has been included under section 533 to direct a
report on certain fish hatcheries.
Language has been included under section 534 to modify and
extend certain authorities related to water infrastructure
programs.
Language has been included under section 535 to clarify
project eligibility under a certain water infrastructure
program.
Language has been included under section 541 related to a
timeline for completion of certain environmental obligations in
California.
Language has been included under section 551 defining
additional terms for the purposes of subtitle E only.
Language has been included under section 552 related to
coordinated environmental reviews of certain water projects.
Language has been included under section 553 describing the
responsibilities of the Bureau of Reclamation in coordinated
environmental reviews of certain water projects.
Language has been included under section 554 describing the
responsibilities of other federal agencies involved in
coordinated environmental reviews of certain water projects.
Language has been included under section 555 related to
funding of coordinated environmental reviews.
TITLE VI--GENERAL PROVISIONS
Language has been included under General Provisions,
section 601, 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 602, 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 603, prohibiting funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Language has been included under General Provisions,
section 604, prohibiting funds for private consolidated interim
storage of commercial spent nuclear fuel.
Language has been included under General Provisions,
section 605, prohibiting funds to promote or advance Critical
Race Theory.
Language has been included under General Provisions,
section 606, prohibiting funds to implement certain Executive
Orders.
Language has been included under General Provisions,
section 607, prohibiting funds to discriminate against a person
who speaks, or acts, in accordance with a sincerely held
religious belief, or moral conviction, that marriage is, or
should be recognized as, a union of one man and one woman.
Language has been included under General Provisions,
section 608 prohibiting activities related to energy
conservation standards for residential clothes washers.
Language has been included under General Provisions,
section 609 prohibiting funds for any diversity, equity, and
inclusion office, program, or training.
Language has been included under General Provisions,
section 610 prohibiting funds to implement or enforce section
370 of Public Law 116-283 with respect to civil works projects.
Language has been included under General Provisions,
section 611 prohibiting funds for activities related to any
entity of concern, as defined in section 10114 of title I of
division B of Public Law 117-167.
Language has been included under General Provisions,
section 612 prohibiting the Secretary of Energy from awarding
any contracts, subcontracts, grants, or loans to an entity that
meets certain criteria.
Program Duplication
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, no provision of this bill establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
PUBLIC LAW 117-58
* * * * * * *
DIVISION J--APPROPRIATIONS
* * * * * * *
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
* * * * * * *
GENERAL PROVISIONS--DEPARTMENT OF ENERGY(including transfer of funds)
* * * * * * *
Sec. 303. (a) [One-tenth] Except as provided in subsection
(b), one-tenth of one percent of the amounts made available to
the Department of Energy under each heading in this title in
this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of the Inspector General of the
Department of Energy to oversee the funds made available to the
Department of Energy in this title in this Act.
(b) Beginning on October 1, 2023, of the
amounts made available to the Department of
Energy under each heading in this title in this
Act, two-tenths of one percent of such amounts
in each of fiscal years 2024 through 2026 shall
be transferred to the Office of the Inspector
General of the Department of Energy to oversee
the funds made available to the Department of
Energy in this title in this Act: Provided,
That any amounts so transferred that were
previously designated by the Congress as an
emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget
are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit
Control Act of 1985.
* * * * * * *
----------
WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT
* * * * * * *
TITLE III--NATURAL RESOURCES
* * * * * * *
Subtitle J--California Water
* * * * * * *
SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.
(a) Resolution of Water Resource Issues.--In furtherance of
the policy established by section 2(c)(2) of the Endangered
Species Act of 1973, that Federal agencies shall cooperate with
State and local agencies to resolve water resource issues in
concert with conservation of endangered species, in any
consultation or reconsultation on the coordinated operations of
the Central Valley Project and the State Water Project, the
Secretaries of the Interior and Commerce shall ensure that any
[public water agency that contracts] contractor for the
delivery of water from the Central Valley Project or the State
Water Project that so requests shall--
(1) have routine and continuing opportunities to
discuss and submit information to the action agency for
consideration during the development of any biological
assessment or proposed action;
(2) be informed by the action agency of the schedule
for preparation of a biological assessment or proposed
action;
(3) receive a copy of the draft proposed action and
have the opportunity to review that document and
provide comment to the action agency, which comments
shall be afforded due consideration during development;
[(3)] (4) be informed by the consulting agency, the
U.S. Fish and Wildlife Service or the National Marine
Fisheries Service, of the schedule for preparation of
the biological opinion at such time as the biological
assessment is submitted to the consulting agency by the
action agency;
[(4)] (5) receive a copy of any draft biological
opinion and have the opportunity to review that
document and provide comment to the consulting agency
through the action agency, which comments will be
afforded due consideration during the consultation;
[(5)] (6) have the opportunity to confer with the
action agency and applicant, if any, about reasonable
and prudent alternatives prior to the action agency or
applicant identifying one or more reasonable and
prudent alternatives for consideration by the
consulting agency; and
[(6)] (7) where action agency proposes a proposed
action or the consulting agency suggests a reasonable
and prudent alternative be informed--
(A) how each component of the proposed action
or alternative will contribute to avoiding
jeopardy or adverse modification of critical
habitat and the scientific data or information
that supports each component of the
alternative; and
(B) why other proposed [alternative actions]
actions or alternatives that would have fewer
adverse water supply and economic impacts are
inadequate to avoid jeopardy or adverse
modification of critical habitat.
(b) Input.--When consultation is ongoing, the Secretaries of
the Interior and Commerce shall regularly solicit input from
and report their progress to the Collaborative Adaptive
Management Team and the Collaborative Science and Adaptive
Management Program policy group. The Collaborative Adaptive
Management Team and the Collaborative Science and Adaptive
Management Program policy group may provide the Secretaries
with recommendations to improve the effects analysis and
Federal agency determinations. The Secretaries shall give due
consideration to the recommendations when developing the
Biological Assessment and Biological Opinion.
(c) Meetings.--The Secretaries shall establish a quarterly
stakeholder meeting during any consultation or reconsultation
for the purpose of providing updates on the development of the
Biological Assessment and Biological Opinion. The quarterly
stakeholder meeting shall be open to stakeholders identified by
the Secretaries representing a broad range of interests
including environmental, recreational and commercial fishing,
agricultural, municipal, Delta, and other regional interests,
and including stakeholders that are not state or local
agencies.
(d) Clarification.--Neither subsection (b) or (c) of this
section may be used to meet the requirements of subsection (a).
(e) Non-applicability of FACA.--For the purposes of
subsection (b), the Collaborative Adaptive Management Team, the
Collaborative Science and Adaptive Management Program policy
group, and any recommendations made to the Secretaries, are
exempt from the Federal Advisory Committee Act.
* * * * * * *
SEC. 4007. STORAGE.
(a) Definitions.--In this subtitle:
(1) Federally owned storage project.--The term
``federally owned storage project'' means any project
involving a surface water storage facility in a
Reclamation State--
(A) to which the United States holds title;
and
(B) that was authorized to be constructed,
operated, and maintained pursuant to the
reclamation laws.
(2) State-led storage project.--The term ``State-led
storage project'' means any project in a Reclamation
State that--
(A) involves a groundwater or surface water
storage facility constructed, operated, and
maintained by any State, department of a State,
subdivision of a State, or public agency
organized pursuant to State law; and
(B) provides a benefit in meeting any
obligation under Federal law (including
regulations).
(b) Federally Owned Storage Projects.--
(1) Agreements.--On the request of any State, any
department, agency, or subdivision of a State, [or any
public agency organized pursuant to State law] any
public agency organized pursuant to State law, or any
stakeholder, the Secretary of the Interior may
negotiate and enter into an agreement on behalf of the
United States for the design, study, and construction
or expansion of any federally owned storage project in
accordance with this section.
(2) Federal cost share.--Subject to the requirements
of this subsection, the Secretary of the Interior may
participate in a federally owned storage project in an
amount equal to not more than 50 percent of the total
cost of the federally owned storage project.
(3) Commencement.--The construction of a federally
owned storage project that is the subject of an
agreement under this subsection shall not commence
until the Secretary of the Interior--
(A) determines that the proposed federally
owned storage project is feasible in accordance
with the reclamation laws;
(B) secures an agreement providing upfront
funding as is necessary to pay the non-Federal
share of the capital costs; and
(C) determines that, in return for the
Federal cost-share investment in the federally
owned storage project, at least a proportionate
share of the project benefits are Federal
benefits, including water supplies dedicated to
specific purposes such as environmental
enhancement and wildlife refuges.
(4) Environmental laws.--In participating in a
federally owned storage project under this subsection,
the Secretary of the Interior shall comply with all
applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(c) State-Led Storage Projects.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary of the Interior may
participate in a State-led storage project in an amount
equal to not more than 25 percent of the total cost of
the State-led storage project.
(2) Request by governor.--Participation by the
Secretary of the Interior in a State-led storage
project under this subsection shall not occur unless--
(A) the participation has been requested by
the Governor of the State in which the State-
led storage project is located;
(B) the State or local sponsor determines,
and the Secretary of the Interior concurs,
that--
(i) the State-led storage project is
technically and financially feasible
and provides a Federal benefit in
accordance with the reclamation laws;
(ii) sufficient non-Federal funding
is available to complete the State-led
storage project; and
(iii) the State-led storage project
sponsors are financially solvent;
(C) the Secretary of the Interior determines
that, in return for the Federal cost-share
investment in the State-led storage project, at
least a proportional share of the project
benefits are the Federal benefits, including
water supplies dedicated to specific purposes
such as environmental enhancement and wildlife
refuges; and
(D) the Secretary of the Interior submits to
Congress a written notification of these
determinations within 30 days of making such
determinations.
(3) Environmental laws.--When participating in a
State-led storage project under this subsection, the
Secretary shall comply with all applicable
environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Information.--When participating in a State-led
storage project under this subsection, the Secretary of
the Interior--
(A) may rely on reports prepared by the
sponsor of the State-led storage project,
including feasibility (or equivalent) studies,
environmental analyses, and other pertinent
reports and analyses; but
(B) shall retain responsibility for making
the independent determinations described in
paragraph (2).
(d) Authority To Provide Assistance.--The Secretary of the
Interior may provide financial assistance under this subtitle
to carry out projects within any Reclamation State.
(e) Rights To Use Capacity.--Subject to compliance with State
water rights laws, the right to use the capacity of a federally
owned storage project or State-led storage project for which
the Secretary of the Interior has entered into an agreement
under this subsection shall be allocated in such manner as may
be mutually agreed to by the Secretary of the Interior and each
other party to the agreement.
(f) Compliance With California Water Bond.--
(1) In general.--The provision of Federal funding for
construction of a State-led storage project in the
State of California shall be subject to the condition
that the California Water Commission shall determine
that the State-led storage project is consistent with
the California Water Quality, Supply, and
Infrastructure Improvement Act, approved by California
voters on November 4, 2014.
(2) Applicability.--This subsection expires on the
date on which State bond funds available under the Act
referred to in paragraph (1) are expended.
(g) Partnership and Agreements.--The Secretary of the
Interior, acting through the Commissioner, may partner or enter
into an agreement regarding the water storage projects
identified in section 103(d)(1) of the Water Supply,
Reliability, and Environmental Improvement Act (Public Law 108-
361; 118 Stat. 1688) with local joint powers authorities formed
pursuant to State law by irrigation districts and other local
water districts and local governments within the applicable
hydrologic region, to advance those projects.
(h) Authorization of Appropriations.--
(1) $335,000,000 of funding in section 4011(e) is
authorized to remain available until expended.
(2) Projects can only receive funding if enacted
appropriations legislation designates funding to them
by name, after the Secretary recommends specific
projects for funding pursuant to this section and
transmits such recommendations to the appropriate
committees of Congress.
(i) Sunset.--This section shall apply only to federally owned
storage projects and State-led storage projects that the
Secretary of the Interior determines to be feasible before
[January 1, 2021] January 1, 2028.
(j) Consistency With State Law.--Nothing in this section
preempts or modifies any obligation of the United States to act
in conformance with applicable State law.
(k) Calfed Authorization.--Title I of Public Law 108-361 (the
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat.
2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207
of Public Law 114-113) is amended by striking ``2017'' each
place it appears and inserting ``2019''.
* * * * * * *
SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND
OTHER WILDLIFE.
(a) Increased Real-Time Monitoring and Updated Science.--
(1) Smelt biological opinion.--The Director shall use
the best scientific and commercial data available to
implement, continuously evaluate, and refine or amend,
as appropriate, the reasonable and prudent alternative
described in the smelt biological opinion.
(2) Increased monitoring to inform real-time
operations.--
(A) In general.--The Secretary of the
Interior shall conduct additional surveys, on
an annual basis at the appropriate time of year
based on environmental conditions, in
collaboration with interested stakeholders
regarding the science of the Delta in general,
and to enhance real time decisionmaking in
particular, working in close coordination with
relevant State authorities.
(B) Requirements.--In carrying out this
subsection, the Secretary of the Interior shall
use--
(i) the most appropriate and accurate
survey methods available for the
detection of Delta smelt to determine
the extent to which adult Delta smelt
are distributed in relation to certain
levels of turbidity or other
environmental factors that may
influence salvage rate;
(ii) results from appropriate surveys
for the detection of Delta smelt to
determine how the Central Valley
Project and State Water Project may be
operated more efficiently to maximize
fish and water supply benefits; and
(iii) science-based recommendations
developed by any of the persons or
entities described in paragraph (4)(B)
to inform the agencies' real-time
decisions.
(C) Winter monitoring.--During the period
between December 1 and March 31, if suspended
sediment loads enter the Delta from the
Sacramento River, and the suspended sediment
loads appear likely to raise turbidity levels
in the Old River north of the export pumps from
values below 12 Nephelometric Turbidity Units
(NTUs) to values above 12 NTUs, the Secretary
of the Interior shall--
(i) conduct daily monitoring using
appropriate survey methods at locations
including the vicinity of Station 902
to determine the extent to which adult
Delta smelt are moving with turbidity
toward the export pumps; and
(ii) use results from the monitoring
under subparagraph (A) to determine how
increased trawling can inform daily
real-time Central Valley Project and
State Water Project operations to
maximize fish and water supply
benefits.
(3) Periodic review of monitoring.--Not later than 1
year after the date of enactment of this subtitle, the
Secretary of the Interior shall--
(A) evaluate whether the monitoring program
under paragraph (2), combined with other
monitoring programs for the Delta, is providing
sufficient data to inform Central Valley
Project and State Water Project operations to
maximize the water supply for fish and water
supply benefits; and
(B) determine whether the monitoring efforts
should be changed in the short or long term to
provide more useful data.
(4) Delta smelt distribution study.--
(A) In general.--Not later than March 15,
2021, the Secretary of the Interior shall--
(i) complete studies, to be initiated
by not later than 90 days after the
date of enactment of this subtitle,
designed--
(I) to understand the
location and determine the
abundance and distribution of
Delta smelt throughout the
range of the Delta smelt; and
(II) to determine potential
methods to minimize the effects
of Central Valley Project and
State Water Project operations
on the Delta smelt;
(ii) based on the best available
science, if appropriate and
practicable, implement new targeted
sampling and monitoring of Delta smelt
in order to maximize fish and water
supply benefits prior to completion of
the study under clause (i);
(iii) to the maximum extent
practicable, use new technologies to
allow for better tracking of Delta
smelt, such as acoustic tagging,
optical recognition during trawls, and
fish detection using residual
deoxyribonucleic acid (DNA); and
(iv) if new sampling and monitoring
is not implemented under clause (ii),
provide a detailed explanation of the
determination of the Secretary of the
Interior that no change is warranted.
(B) Consultation.--In determining the scope
of the studies under this subsection, the
Secretary of the Interior shall consult with--
(i) Central Valley Project and State
Water Project water contractors and
public water agencies;
(ii) other public water agencies;
(iii) the California Department of
Fish and Wildlife and the California
Department of Water Resources; and
(iv) nongovernmental organizations.
(b) Actions to Benefit Endangered Fish Populations.--
(1) Findings.--Congress finds that--
(A) minimizing or eliminating stressors to
fish populations and their habitat in an
efficient and structured manner is a key aspect
of a fish recovery strategy;
(B) functioning, diverse, and interconnected
habitats are necessary for a species to be
viable; and
(C) providing for increased fish habitat may
not only allow for a more robust fish recovery,
but also reduce impacts to water supplies.
(2) Actions for benefit of endangered species.--There
is authorized to be appropriated the following amounts:
(A) $15,000,000 for the Secretary of
Commerce, through the Administrator of the
National Oceanic and Atmospheric
Administration, to carry out the following
activities in accordance with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.):
(i) Gravel and rearing area additions
and habitat restoration to the
Sacramento River to benefit Chinook
salmon and steelhead trout.
(ii) Scientifically improved and
increased real-time monitoring to
inform real-time operations of Shasta
and related Central Valley Project
facilities, and alternative methods,
models, and equipment to improve
temperature modeling and related
forecasted information for purposes of
predicting impacts to salmon and salmon
habitat as a result of water management
at Shasta.
(iii) Methods to improve the Delta
salvage systems, including alternative
methods to redeposit salvaged salmon
smolts and other fish from the Delta in
a manner that reduces predation losses.
(B) $3,000,000 for the Secretary of the
Interior to conduct the Delta smelt
distribution study referenced in subsection
(a)(4).
(3) Commencement.--If the Administrator of the
National Oceanic and Atmospheric Administration
determines that a proposed activity is feasible and
beneficial for protecting and recovering a fish
population, the Administrator shall commence
implementation of the activity by not later than 1 year
after the date of enactment of this subtitle.
(4) Consultation.--The Administrator shall take such
steps as are necessary to partner with, and coordinate
the efforts of, the Department of the Interior, the
Department of Commerce, and other relevant Federal
departments and agencies to ensure that all Federal
reviews, analyses, opinions, statements, permits,
licenses, and other approvals or decisions required
under Federal law are completed on an expeditious
basis, consistent with Federal law.
(5) Conservation fish hatcheries.--
(A) In general.--Not later than 2 years after
the date of enactment of this subtitle, the
Secretaries of the Interior and Commerce, in
coordination with the Director of the
California Department of Fish and Wildlife,
shall develop and implement as necessary the
expanded use of conservation hatchery programs
to enhance, supplement, and rebuild Delta smelt
and Endangered Species Act-listed fish species
under the smelt and salmonid biological
opinions.
(B) Requirements.--The conservation hatchery
programs established under paragraph (1) and
the associated hatchery and genetic management
plans shall be designed--
(i) to benefit, enhance, support, and
otherwise recover naturally spawning
fish species to the point where the
measures provided under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) are no longer necessary; and
(ii) to minimize adverse effects to
Central Valley Project and State Water
Project operations.
(C) Priority; cooperative agreements.--In
implementing this section, the Secretaries of
the Interior and Commerce--
(i) shall give priority to existing
and prospective hatchery programs and
facilities within the Delta and the
riverine tributaries thereto; and
(ii) may enter into cooperative
agreements for the operation of
conservation hatchery programs with
States, Indian tribes, and other
nongovernmental entities for the
benefit, enhancement, and support of
naturally spawning fish species.
(D) Semi-annual report.--The Secretary of the
Interior and the Secretary of Commerce shall
submit to the Committee on Natural Resources of
the House of Representatives, and the Committee
on Energy and Natural Resources of the Senate
semi-annual reports that detail activities
carried out under this paragraph.
(6) Acquisition of land, water, or interests from
willing sellers for environmental purposes in
california.--
(A) In general.--The Secretary of the
Interior is authorized to acquire by purchase,
lease, donation, or otherwise, land, water, or
interests in land or water from willing sellers
in California--
(i) to benefit listed or candidate
species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or
the California Endangered Species Act
(California Fish and Game Code sections
2050 through 2116);
(ii) to meet requirements of, or
otherwise provide water quality
benefits under, the Federal Water
Pollution Control Act (33 U.S.C. 1251
et seq.) or the Porter Cologne Water
Quality Control Act (division 7 of the
California Water Code); or
(iii) for protection and enhancement
of the environment, as determined by
the Secretary of the Interior.
(B) State participation.--In implementing
this section, the Secretary of the Interior is
authorized to participate with the State of
California or otherwise hold such interests
identified in subparagraph (A) in joint
ownership with the State of California based on
a cost share deemed appropriate by the
Secretary.
(C) Treatment.--Any expenditures under this
subsection shall be nonreimbursable and
nonreturnable to the United States.
(7) Reauthorization of the fisheries restoration and
irrigation mitigation act of 2000.--
(A) Section 10(a) of the Fisheries
Restoration and Irrigation Mitigation Act of
2000 (16 U.S.C. 777 note; Public Law 106-502)
is amended by striking ``$25 million for each
of fiscal years 2009 through 2015'' and
inserting ``$15 million through 2021''; and
(B) Section 2 of the Fisheries Restoration
and Irrigation Mitigation Act of 2000 (16
U.S.C. 777 note; Public Law 106-502) is amended
by striking ``Montana, and Idaho'' and
inserting ``Montana, Idaho, and California''.
(c) Actions to Benefit Refuges.--
(1) In general.--In addition to funding under section
3407 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4726), there is
authorized to be appropriated to the Secretary of the
Interior $2,000,000 for each of fiscal years 2017
through 2021 for the acceleration and completion of
water infrastructure and conveyance facilities
necessary to achieve full water deliveries to Central
Valley wildlife refuges and habitat areas pursuant to
section 3406(d) of that Act (Public Law 102-575; 106
Stat. 4722).
(2) Cost Sharing.--
(A) Federal share.--The Federal share of the
cost of carrying out an activity described in
this section shall be not more than 50 percent.
(B) Non-federal share.--The non-Federal share
of the cost of carrying out an activity
described in this section--
(i) shall be not less than 50
percent; and
(ii) may be provided in cash or in
kind.
(d) Non-Federal Program to Protect Native Anadromous Fish in
Stanislaus River.--
(1) Definition of district.--In this section, the
term ``district'' means--
(A) the Oakdale Irrigation District of the
State of California; and
(B) the South San Joaquin Irrigation District
of the State of California.
(2) Establishment.--The Secretary of Commerce, acting
through the Assistant Administrator of the National
Marine Fisheries Service, and the districts shall
jointly establish and conduct a nonnative predator
research and pilot fish removal program to study the
effects of removing from the Stanislaus River--
(A) nonnative striped bass, smallmouth bass,
largemouth bass, black bass; and
(B) other nonnative predator fish species.
(3) Requirements.--The program under this section
shall--
(A) be scientifically based, with research
questions determined jointly by--
(i) National Marine Fisheries Service
scientists; and
(ii) technical experts of the
districts;
(B) include methods to quantify by, among
other things, evaluating the number of juvenile
anadromous fish that migrate past the rotary
screw trap located at Caswell--
(i) the number and size of predator
fish removed each year; and
(ii) the impact of the removal on--
(I) the overall abundance of
predator fish in the Stanislaus
River; and
(II) the populations of
juvenile anadromous fish in the
Stanislaus River;
(C) among other methods, consider using wire
fyke trapping, portable resistance board weirs,
and boat electrofishing; and
(D) be implemented as quickly as practicable
after the date of issuance of all necessary
scientific research permits.
(4) Management.--The management of the program shall
be the joint responsibility of the Assistant
Administrator and the districts, which shall--
(A) work collaboratively to ensure the
performance of the program; and
(B) discuss and agree on, among other
things--
(i) qualified scientists to lead the
program;
(ii) research questions;
(iii) experimental design;
(iv) changes in the structure,
management, personnel, techniques,
strategy, data collection and access,
reporting, and conduct of the program;
and
(v) the need for independent peer
review.
(5) Conduct.--
(A) In general.--For each applicable calendar
year, the districts, on agreement of the
Assistant Administrator, may elect to conduct
the program under this section using--
(i) the personnel of the Assistant
Administrator or districts;
(ii) qualified private contractors
hired by the districts;
(iii) personnel of, on loan to, or
otherwise assigned to the National
Marine Fisheries Service; or
(iv) a combination of the individuals
described in clauses (i) through (iii).
(B) Participation by national marine
fisheries service.--
(i) In general.--If the districts
elect to conduct the program using
district personnel or qualified private
contractors hired under clause (i) or
(ii) of subparagraph (A), the Assistant
Administrator may assign an employee
of, on loan to, or otherwise assigned
to the National Marine Fisheries
Service, to be present for all
activities performed in the field to
ensure compliance with paragraph (4).
(ii) Costs.--The districts shall pay
the cost of participation by the
employee under clause (i), in
accordance with paragraph (6).
(C) Timing of election.--The districts shall
notify the Assistant Administrator of an
election under subparagraph (A) by not later
than October 15 of the calendar year preceding
the calendar year for which the election
applies.
(6) Funding.--
(A) In general.--The districts shall be
responsible for 100 percent of the cost of the
program.
(B) Contributed funds.--The Secretary of
Commerce may accept and use contributions of
funds from the districts to carry out
activities under the program.
(C) Estimation of cost.--
(i) In general.--Not later than
December 1 of each year of the program,
the Secretary of Commerce shall submit
to the districts an estimate of the
cost to be incurred by the National
Marine Fisheries Service for the
program during the following calendar
year, if any, including the cost of any
data collection and posting under
paragraph (7).
(ii) Failure to fund.--If an amount
equal to the estimate of the Secretary
of Commerce is not provided through
contributions pursuant to subparagraph
(B) before December 31 of that calendar
year--
(I) the Secretary shall have
no obligation to conduct the
program activities otherwise
scheduled for the following
calendar year until the amount
is contributed by the
districts; and
(II) the districts may not
conduct any aspect of the
program until the amount is
contributed by the districts.
(D) Accounting.--
(i) In general.--Not later than
September 1 of each year, the Secretary
of Commerce shall provide to the
districts an accounting of the costs
incurred by the Secretary for the
program during the preceding calendar
year.
(ii) Excess amounts.--If the amount
contributed by the districts pursuant
to subparagraph (B) for a calendar year
was greater than the costs incurred by
the Secretary of Commerce during that
year, the Secretary shall--
(I) apply the excess amounts
to the cost of activities to be
performed by the Secretary
under the program, if any,
during the following calendar
year; or
(II) if no such activities
are to be performed, repay the
excess amounts to the
districts.
(7) Publication and evaluation of data.--
(A) In general.--All data generated through
the program, including by any private
consultants, shall be routinely provided to the
Assistant Administrator.
(B) Internet.--Not later than the 15th day of
each month of the program, the Assistant
Administrator shall publish on the Internet
website of the National Marine Fisheries
Service a tabular summary of the raw data
collected under the program during the
preceding month.
(C) Report.--On completion of the program,
the Assistant Administrator shall prepare a
final report evaluating the effectiveness of
the program, including recommendations for
future research and removal work.
(8) Consistency with law.--
(A) In general.--The programs in this section
and subsection (e) are found to be consistent
with the requirements of the Central Valley
Project Improvement Act (Public Law 102-575;
106 Stat. 4706).
(B) Limitation.--No provision, plan, or
definition under that Act, including section
3406(b)(1) of that Act (Public Law 102-575; 106
Stat. 4714), shall be used--
(i) to prohibit the implementation of
the programs in this subsection and
subsection (e); or
(ii) to prevent the accomplishment of
the goals of the programs.
(e) Pilot Projects to Implement CALFED Invasive Species
Program.--
(1) In general.--Not later than January 1, 2018, the
Secretary of the Interior, in collaboration with the
Secretary of Commerce, the Director of the California
Department of Fish and Wildlife, and other relevant
agencies and interested parties, shall establish and
carry out pilot projects to implement the invasive
species control program under section 103(d)(6)(A)(iv)
of Public Law 108-361 (118 Stat. 1690).
(2) Requirements.--The pilot projects under this
section shall--
(A) seek to reduce invasive aquatic
vegetation (such as water hyacinth), predators,
and other competitors that contribute to the
decline of native listed pelagic and anadromous
species that occupy the Sacramento and San
Joaquin Rivers and their tributaries and the
Delta; and
(B) remove, reduce, or control the effects of
species including Asiatic clams, silversides,
gobies, Brazilian water weed, largemouth bass,
smallmouth bass, striped bass, crappie,
bluegill, white and channel catfish, zebra and
quagga mussels, and brown bullheads.
(3) Emergency environmental reviews.--To expedite
environmentally beneficial programs in this subtitle
for the conservation of threatened and endangered
species, the Secretaries of the Interior and Commerce
shall consult with the Council on Environmental Quality
in accordance with section 1506.11 of title 40, Code of
Federal Regulations (or successor regulations), to
develop alternative arrangements to comply with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for those programs.
(f) Collaborative Processes.--Notwithstanding the Federal
Advisory Committee Act (5 U.S.C. App.) and applicable Federal
acquisitions and contracting authorities, the Secretaries of
the Interior and Commerce may use the collaborative processes
under the Collaborative Science Adaptive Management Program to
enter into contracts with specific individuals or organizations
directly or in conjunction with appropriate State agencies.
(g) The ``Save Our Salmon Act''.--
(1) Treatment of striped bass.--
(A) Anadromous fish.--Section 3403(a) of the
Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575) is amended by
striking ``striped bass,'' after ``stocks of
salmon (including steelhead),''.
(B) Fish and wildlife restoration
activities.--Section 3406(b) of the Central
Valley Project Improvement Act (title XXXIV of
Public Law 102-575) is amended by--
(i) striking paragraphs (14) and
(18);
(ii) redesignating paragraphs (15)
through (17) as paragraphs (14) through
(16), respectively; and
(iii) redesignating paragraphs (19)
through (23) as paragraphs (17) through
(21), respectively.
(2) Conforming changes.--Section 3407(a) of the
Central Valley Project Improvement Act (title XXXIV of
Public Law 102-575) is amended by striking ``(10)-(18),
and (20)-(22)'' and inserting ``(10)-(16), and (18)-
(20)''.
* * * * * * *
SEC. 4013. DURATION.
This subtitle shall expire on the date that is 5 years after
the date of its enactment, with the exception of--
(1) [section 4004, which shall expire 10 years after
the date of its enactment;] section 4004, which shall
expire on December 16, 2033; [and]
(2) section 4007, which (except as provided in
paragraph (3)), shall expire on December 31, 2028; and
[(2)] (3) projects under construction in sections
4007, 4009(a), and 4009(c).
* * * * * * *
----------
INFRASTRUCTURE INVESTMENT AND JOBS ACT
* * * * * * *
DIVISION D--ENERGY
* * * * * * *
TITLE IX--WESTERN WATER INFRASTRUCTURE
* * * * * * *
SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE
PROJECTS.
(a) Eligibility for Funding.--
(1) Feasibility studies.--
(A) In general.--A feasibility study shall
only be eligible for funding under section
40901(1) if--
(i) the feasibility study has been
authorized by an Act of Congress before
the date of enactment of this Act;
(ii) Congress has approved funding
for the feasibility study in accordance
with section 4007 of the Water
Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public
Law 114-322) before the date of
enactment of this Act; or
(iii) the feasibility study is
authorized under subparagraph (B).
(B) Feasibility study authorizations.--The
Secretary may carry out feasibility studies for
the following projects:
(i) The Verde Reservoirs Sediment
Mitigation Project in the State of
Arizona.
(ii) The Tualatin River Basin Project
in the State of Oregon.
(2) Construction.--A project shall only be eligible
for construction funding under section 40901(1) if--
(A) an Act of Congress enacted before the
date of enactment of this Act authorizes
construction of the project;
(B) Congress has approved funding for
construction of the project in accordance with
section 4007 of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322) before the date of
enactment of [this Act, except for any project
for which--] this Act; or
[(i) Congress did not approve the
recommendation of the Secretary for
funding under subsection (h)(2) of that
section for at least 1 fiscal year
before the date of enactment of this
Act; or
[(ii) State funding for the project
was rescinded by the State before the
date of enactment of this Act; or]
(C)(i) Congress has authorized or approved
funding for a feasibility study for the project
in accordance with clause (i) or (ii) of
paragraph (1)(A) [(except that projects
described in clauses (i) and (ii) of
subparagraph (B) shall not be eligible)]; and
(ii) on completion of the feasibility
study for the project, the Secretary--
(I) finds the project to be
technically and financially
feasible in accordance with the
reclamation laws;
(II) determines that
sufficient non-Federal funding
is available for the non-
Federal cost share of the
project; and
(III)(aa) finds the project
to be in the public interest;
and
(bb) recommends the
project for
construction.
(b) Cost-sharing Requirement.--
(1) In general.--The Federal share--
(A) for a project authorized by an Act of
Congress shall be determined in accordance with
that Act;
(B) for a project approved by Congress in
accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act
(43 U.S.C. 390b note; Public Law 114-322)
(including construction resulting from a
feasibility study authorized under that Act)
shall be as provided in that Act; and
(C) for a project not described in
subparagraph (A) or (B)--
(i) in the case of a federally owned
project, shall not exceed 50 percent of
the total cost of the project; and
(ii) in the case of a non-Federal
project, shall not exceed 25 percent of
the total cost of the project.
(2) Federal benefits.--Before funding a project under
this section, the Secretary shall determine that, in
return for the Federal investment in the project, at
least a proportionate share of the benefits are Federal
benefits.
(3) Reimbursability.--The reimbursability of Federal
funding of projects under this section shall be in
accordance with the reclamation laws.
(c) Environmental Laws.--In providing funding for a project
under this section, the Secretary shall comply with all
applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
* * * * * * *
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized:
Rescissions
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Department or Activity Amount
------------------------------------------------------------------------
Department of Energy: Title 17 Innovative Technology $150,000,000
Loan Guarantee Program..............................
Department of Energy: Assistance for Latest and Zero $1,000,000,000
Building Energy Code Adoption.......................
Department of Energy: High-Efficiency Electric Home $4,500,000,000
Rebate Program......................................
Department of Energy: State-Based Home Energy $200,000,000
Efficiency Contractor Training Grants...............
------------------------------------------------------------------------
BUDGETARY IMPACT OF THE FY 2024 ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT 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............................... 52,378 63,218 152,378 63,218
Mandatory................................... 0 0 0 10
----------------------------------------------------------------------------------------------------------------
1Includes outlays from prior-year budget authority.
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:
2024.................................. 125,924
2025.................................. 18,943
2026.................................. 6,906
2027.................................. 532
2028 and future years................. -92
------------------------------------------------------------------------
1Excludes 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 local 1228 0
governments for 2024...................
------------------------------------------------------------------------
1Excludes 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, 2024:
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 23, 2023,
entitled ``FY 2024 Budget Request for the Department of
Energy.'' The Subcommittee received testimony from:
The Honorable Jennifer M. Granholm, Secretary, U.S.
Department of Energy
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 29, 2023,
entitled ``FY 2024 Budget Request for the U.S. Army Corps of
Engineers and Bureau of Reclamation.'' The Subcommittee
received testimony from:
The Honorable Michael L. Connor, Assistant Secretary
of the Army for Civil Works
Lieutenant General Scott A. Spellmon, Chief of
Engineers and Commanding General, U.S. Army Corps of
Engineers
The Honorable Camille Calimlim Touton, Commissioner,
Bureau of Reclamation
The Subcommittee on Energy and Water Development and
Related Agencies held a Member Day Hearing on March 28, 2023.
The Subcommittee received testimony from:
The Honorable Brian Mast, Member of Congress
The Honorable Zoe Lofgren, Member of Congress
The Honorable Dina Titus, Member of Congress
The Subcommittee on Energy and Water Development and
Related Agencies received written testimony from public
witnesses. The Subcommittee received testimony from:
Aaron Chavez, Executive Director, San Juan Water
Commission
Abigail Ortega, General Manager, Infrastructure and
Resource Planning
Adel Hagekhalil, General Manager, The Metropolitan
Water District of Southern California
Alexander Ratner, Federal Policy Manager, American
Council for an Energy-Efficient Economy
Allen Segal, Chief Advocacy Officer, American Society
for Microbiology
Andrew Mueller, General Manager, Colorado River Water
Conservation District
April Snell, Executive Director, Oregon Water
Resources Congress
Ashleigh Weeks, General Manager, Fort Peck
Reservation Rural Water System
Bart Miller, Healthy Rivers Program Director, Western
Resource Advocates
Brandon Gebhart, Engineer, Wyoming State Engineer's Office
Brenda Burman, General Manager, Central Arizona Water
Conservation District
Chad Berginnis, Executive Director, Association of State
Floodplain Managers
Chane Polo, Deputy Director, Colorado Water Congress
Christopher S. Harris, Executive Director, Colorado River
Board of California
Craig H. Piercy, Executive Director and CEO, American
Nuclear Society
Crispin Taylor, CEO, American Society of Plant Biologists
Chuck Jacobs, Distribution System Director, Oglala Sioux
Rural Water Supply System
Dane Farrell, Director, Government Affairs, Federal
Performance Contracting Coalition
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
Frank Wolak, President and CEO, Fuel Cell and Hydrogen
Energy Association
Genevieve Cullen, President, Electric Drive Transportation
Association
Gil Jenkins, Vice President of Corporate Communications and
Public Affairs, Hannon Armstrong Sustainable Infrastructure
Capital
Greg Fogel, Director of Government Affairs and Policy,
WateReuse Association
Howard A. Learner, Executive Director, Environmental Law
and Policy Center
Jack Waldorf, Executive Director, Western Governors'
Association
James M. Haussener, Executive Director, California Marine
Affairs and Navigation Conference
Jim McCauley, Manager, Lower Brule Sioux Rural Water System
Jimmy Hague, Senior Water Policy Advisor, The Nature
Conservancy
Kasey Velasquez, Chairman, White Mountain Apache Tribe
Katrina McMurrian, Executive Director, Nuclear Waste
Strategy Coalition
Kyle Whitaker, Colorado River Programs Manager, Municipal
Subdistrict, Northern Colorado Water Conservancy District
Larry W. Clever, General Manager, Ute Water Conservancy
District
Larry Zarker, CEO, Building Performance Institute
Lisa Jacobson, President, Business Council for Sustainable
Energy
Malcolm Woolf, President and CEO, National Hydropower
Association
Maria Korsnick, President and CEO, Nuclear Energy Institute
Marshall P. Brown, General Manager, Aurora Water
Melvin J. Baker, Chairman, Southern Ute Indian Tribe
Michael Bindner, Principal Investigator, The Center for
Fiscal Equity
Michael Johnson, Advocacy Associate, Appliance Standards
Awareness Project
Mike Hamman, P.E., New Mexico State Engineer, State of New
Mexico
Mike Berry, General Manager, Tri-County Water Conservancy
District
Pat Stanton, Executive Director, E4TheFuture
Ron Blacksmith, Core System Manager, Oglala Sioux Rural
Water Supply System
Ron Suppah, Chairman, Columbia River Inter-Tribal Fish
Commission
Sean Bradshaw, Chairman, Gas Turbine Association
Seth J. Clayton, Executive Director, Board of Water Works
Pueblo, Colorado
Shannon Angielski, Executive Director, Carbon Utilization
Research Council and President, Clean Hydrogen Future Coalition
Sherry Parker, Chairwoman, Hualapai Tribe of Arizona Dr.
Stephen Bodner, Former Head of Laser Fusion Research, Naval
Research Laboratory
Steve Tambini, Executive Director, Delaware River Basin
Commission
Steve Wolff, General Manager, Southwestern Water
Conservation District
Dr. Sven Leyffer, President, Society for Industrial and
Applied Mathematics
Tina Bergonzini, General Manager, Grand Valley Water Users
Association
Travis Bray, Interagency Project Manager, Denver Water
Trish DelloIocano, Federal Policy Director, CALSTART EV
Battery Initiative
Ty Jones, District Manager, Clifton Water District
Vincent Barnes, Senior Vice President Policy, Research, and
Analysis, Alliance to Save Energy
Young Colombe, Manager, Rosebud Sioux Rural Water System
MINORITY VIEWS
Due to concerns about spending levels, harmful rescissions,
and partisan policy riders, we are unable to support the bill
as written. Our goals for the fiscal year 2024 Energy and Water
bill are to lower energy bills for families, create jobs by
growing and supporting a robust manufacturing sector, promote
American energy independence in perpetuity, and out-compete the
Chinese Communist Party. The bill does the opposite.
Despite recently passing the Fiscal Responsibility Act of
2023, a bipartisan debt deal that included a path forward on
spending levels and a way to get us back to regular order, the
Majority has chosen to turn their back on those promises and
proceed with a partisan bill. The Majority's bill has no chance
to become law as it is written now.
Our nation is producing historic job creation, with more
people working, and generating more revenues to pay down the
debt. Reducing the deficit and debt cannot be solved by cutting
into the sinew of the nation by underfunding key federal
stimulus programs and stalling economic growth. Reducing the
federal deficit can be achieved by robust economic growth and
job creation. Unfortunately, the proposed cuts by the Majority
would take us in the opposite direction.
In particular, the nondefense allocation in this bill is
$5.4 billion, or 22 percent, lower than last year's effective
level. Specifically, the bill cuts the Department of Energy's
Energy Efficiency and Renewable Energy account by $466 million.
That imperils our nation's imperative to become energy
independent here at home in perpetuity. In addition, the bill
repeals over $5 billion for critical energy programs from the
Inflation Reduction Act that would have helped American
families save money on their monthly energy bills.
Shortchanging these programs pushes our nation backwards--
failing to modernize our nation's electric grids, failing to
advance innovation relative to our global competitors in
materials and manufacturing, and failing to build domestic end-
to-end supply chains for jobs in America's new energy economy.
We must be innovative, creative, and aggressive in fighting for
a clean energy future to make America resilient in the face of
climate change. At a time marked by extreme weather events and
an increasing occurrence of natural disasters, this bill
endangers efforts to address the climate crisis. The bill
specifically targets programs to assess the impacts of climate
change and to identify ways to advance resilience to climate
change. We cannot ignore the clear evidence and impacts of
climate change; we have no choice but to transform our energy
and water sectors to reflect our climate reality.
We know an adequate and safe water supply is necessary for
the health, economy, and security of our nation. While 2023 has
been a wetter year in the context of the megadrought that has
gripped the western states for multiple decades, those states
are still reporting some degree of drought. That is why we are
concerned this bill provides only $88 million for the
WaterSMART program, a reduction of $98 million, 53 percent
lower than last year's enacted level. Through WaterSMART, the
Bureau of Reclamation works cooperatively with states, tribes,
and local entities to conserve our water supply and enhance the
resilience of the West to drought and climate change. At a time
when scientists are projecting we may be heading to a drier
future, it is unacceptable that we would not invest in programs
that allow us to be better stewards of our planet and natural
resources for future generations.
In other areas of this bill, we continue to be troubled by
the unsustainable spending in the National Nuclear Security
Administration's weapons program. While we agree with the
Majority on the need to improve program and project management,
we must also face future funding realities and begin making
important decisions to prioritize within this program. Further,
we are concerned how this bill cuts nuclear nonproliferation
programs that reduce nuclear risks and counter the global
challenge of nuclear proliferation.
Additionally, the bill includes numerous controversial
poison pill policy riders that demonstrate the Majority is not
interested in bills that can gain bipartisan support and become
law. The bill allows firearms on Corps of Engineers' lands;
includes a new title of controversial California water
provisions that mandates the use of environmentally harmful
water management plans and advances controversial California
dam proposals; prohibits funding related to critical race
theory; prohibits funding related to diversity, equity,
inclusion, and accessibility in the federal workforce;
prohibits funding related to advancing racial equity and
support for underserved communities; and could even allow for
discrimination based on same-sex marriage. Additional
concerning riders include blocking energy efficiency standards,
prohibiting the Corps of Engineers from renaming items that
commemorate the Confederacy, and funding prohibitions with
unintended programmatic implications. Furthermore, the bill
omits several provisions that are necessary for the Bureau of
Reclamation to execute the funds provided in the bill.
Finally, we are disappointed that working on this bill has
highlighted how the Majority seems to have forgotten the
traditions, comity, and long-standing norms that have governed
the processes of this Committee. We await the day when level
heads prevail, and we no longer are on a path to gridlock but
can return to our legislative process with discipline,
openness, and regular order. We must come together--Democrats
and Republicans--to put forward a credible Energy and Water
bill to advance our shared priorities into law.
Rosa L. DeLauro.
Marcy Kaptur.
[all]