Calendar No. 178 TH ST CONGRESS SESSION S. 1609 Energy... · Calendar No. 178 115TH CONGRESS 1ST S ... 10 by law, $375,000,000, ... 1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

II

Calendar No. 178 115TH CONGRESS

1ST SESSION S. 1609 [Report No. 115–132]

Making appropriations for energy and water development and related agencies

for the fiscal year ending September 30, 2018, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2017

Mr. ALEXANDER, from the Committee on Appropriations, reported the

following original bill; which was read twice and placed on the calendar

A BILL Making appropriations for energy and water development

and related agencies for the fiscal year ending September

30, 2018, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

That the following sums are appropriated, out of any 3

money in the Treasury not otherwise appropriated, for en-4

ergy and water development and related agencies for the 5

fiscal year ending September 30, 2018, and for other pur-6

poses, namely: 7

2

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TITLE I 1

CORPS OF ENGINEERS—CIVIL 2

DEPARTMENT OF THE ARMY 3

CORPS OF ENGINEERS—CIVIL 4

The following appropriations shall be expended under 5

the direction of the Secretary of the Army and the super-6

vision of the Chief of Engineers for authorized civil func-7

tions of the Department of the Army pertaining to river 8

and harbor, flood and storm damage reduction, shore pro-9

tection, aquatic ecosystem restoration, and related efforts. 10

INVESTIGATIONS 11

For expenses necessary where authorized by law for 12

the collection and study of basic information pertaining 13

to river and harbor, flood and storm damage reduction, 14

shore protection, aquatic ecosystem restoration, and re-15

lated needs; for surveys and detailed studies, and plans 16

and specifications of proposed river and harbor, flood and 17

storm damage reduction, shore protection, and aquatic 18

ecosystem restoration projects, and related efforts prior to 19

construction; for restudy of authorized projects; and for 20

miscellaneous investigations, and, when authorized by law, 21

surveys and detailed studies, and plans and specifications 22

of projects prior to construction, $113,465,000, to remain 23

available until expended. 24

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CONSTRUCTION 1

(INCLUDING RESCISSION OF FUNDS) 2

For expenses necessary for the construction of river 3

and harbor, flood and storm damage reduction, shore pro-4

tection, aquatic ecosystem restoration, and related 5

projects authorized by law; for conducting detailed studies, 6

and plans and specifications, of such projects (including 7

those involving participation by States, local governments, 8

or private groups) authorized or made eligible for selection 9

by law (but such detailed studies, and plans and specifica-10

tions, shall not constitute a commitment of the Govern-11

ment to construction); $1,703,150,000, to remain avail-12

able until expended; of which such sums as are necessary 13

to cover the Federal share of construction costs for facili-14

ties under the Dredged Material Disposal Facilities pro-15

gram shall be derived from the Harbor Maintenance Trust 16

Fund as authorized by Public Law 104–303; and of which 17

such sums as are necessary to cover one-half of the costs 18

of construction, replacement, rehabilitation, and expansion 19

of inland waterways projects shall be derived from the In-20

land Waterways Trust Fund, except as otherwise specifi-21

cally provided for in law: Provided, That of the unobli-22

gated balances available from amounts provided in fiscal 23

year 2011 and prior years under this heading, 24

$35,000,000 is hereby rescinded: Provided further, That 25

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no amounts may be rescinded by the previous proviso from 1

amounts that were designated by the Congress as an 2

emergency requirement pursuant to a concurrent resolu-3

tion on the budget or the Balanced Budget and Emer-4

gency Deficit Control Act of 1985. 5

MISSISSIPPI RIVER AND TRIBUTARIES 6

For expenses necessary for flood damage reduction 7

projects and related efforts in the Mississippi River allu-8

vial valley below Cape Girardeau, Missouri, as authorized 9

by law, $375,000,000, to remain available until expended, 10

of which such sums as are necessary to cover the Federal 11

share of eligible operation and maintenance costs for in-12

land harbors shall be derived from the Harbor Mainte-13

nance Trust Fund. 14

OPERATION AND MAINTENANCE 15

For expenses necessary for the operation, mainte-16

nance, and care of existing river and harbor, flood and 17

storm damage reduction, aquatic ecosystem restoration, 18

and related projects authorized by law; providing security 19

for infrastructure owned or operated by the Corps, includ-20

ing administrative buildings and laboratories; maintaining 21

harbor channels provided by a State, municipality, or 22

other public agency that serve essential navigation needs 23

of general commerce, where authorized by law; surveying 24

and charting northern and northwestern lakes and con-25

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necting waters; clearing and straightening channels; and 1

removing obstructions to navigation, $3,481,475,000, to 2

remain available until expended, of which such sums as 3

are necessary to cover the Federal share of eligible oper-4

ation and maintenance costs for coastal harbors and chan-5

nels, and for inland harbors shall be derived from the Har-6

bor Maintenance Trust Fund; of which such sums as be-7

come available from the special account for the Corps of 8

Engineers established by the Land and Water Conserva-9

tion Fund Act of 1965 shall be derived from that account 10

for resource protection, research, interpretation, and 11

maintenance activities related to resource protection in the 12

areas at which outdoor recreation is available; and of 13

which such sums as become available from fees collected 14

under section 217 of Public Law 104–303 shall be used 15

to cover the cost of operation and maintenance of the 16

dredged material disposal facilities for which such fees 17

have been collected. 18

REGULATORY PROGRAM 19

For expenses necessary for administration of laws 20

pertaining to regulation of navigable waters and wetlands, 21

$200,000,000, to remain available until September 30, 22

2019. 23

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FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 1

For expenses necessary to clean up contamination 2

from sites in the United States resulting from work per-3

formed as part of the Nation’s early atomic energy pro-4

gram, $117,000,000, to remain available until expended. 5

FLOOD CONTROL AND COASTAL EMERGENCIES 6

For expenses necessary to prepare for flood, hurri-7

cane, and other natural disasters and support emergency 8

operations, repairs, and other activities in response to 9

such disasters as authorized by law, $21,904,000, to re-10

main available until expended. 11

EXPENSES 12

For expenses necessary for the supervision and gen-13

eral administration of the civil works program in the head-14

quarters of the Corps of Engineers and the offices of the 15

Division Engineers; and for costs of management and op-16

eration of the Humphreys Engineer Center Support Activ-17

ity, the Institute for Water Resources, the United States 18

Army Engineer Research and Development Center, and 19

the United States Army Corps of Engineers Finance Cen-20

ter allocable to the civil works program, $185,000,000, to 21

remain available until September 30, 2019, of which not 22

to exceed $5,000 may be used for official reception and 23

representation purposes and only during fiscal year 2018: 24

Provided, That no part of any other appropriation pro-25

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vided in this title shall be available to fund the civil works 1

activities of the Office of the Chief of Engineers or the 2

civil works executive direction and management activities 3

of the division offices: Provided further, That any Flood 4

Control and Coastal Emergencies appropriation may be 5

used to fund the supervision and general administration 6

of emergency operations, repairs, and other activities in 7

response to any flood, hurricane, or other natural disaster. 8

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 9

FOR CIVIL WORKS 10

For the Office of the Assistant Secretary of the Army 11

for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 12

$4,406,000, to remain available until September 30, 2019. 13

GENERAL PROVISIONS—CORPS OF 14

ENGINEERS—CIVIL 15

(INCLUDING TRANSFER OF FUNDS) 16

SEC. 101. (a) None of the funds provided in title I 17

of this Act, or provided by previous appropriations Acts 18

to the agencies or entities funded in title I of this Act 19

that remain available for obligation or expenditure in fiscal 20

year 2018, shall be available for obligation or expenditure 21

through a reprogramming of funds that: 22

(1) creates or initiates a new program, project, 23

or activity; 24

(2) eliminates a program, project, or activity; 25

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(3) increases funds or personnel for any pro-1

gram, project, or activity for which funds have been 2

denied or restricted by this Act, unless prior ap-3

proval is received from the House and Senate Com-4

mittees on Appropriations; 5

(4) proposes to use funds directed for a specific 6

activity for a different purpose, unless prior approval 7

is received from the House and Senate Committees 8

on Appropriations; 9

(5) augments or reduces existing programs, 10

projects, or activities in excess of the amounts con-11

tained in paragraphs (6) through (10), unless prior 12

approval is received from the House and Senate 13

Committees on Appropriations; 14

(6) INVESTIGATIONS.—For a base level over 15

$100,000, reprogramming of 25 percent of the base 16

amount up to a limit of $150,000 per project, study 17

or activity is allowed: Provided, That for a base level 18

less than $100,000, the reprogramming limit is 19

$25,000: Provided further, That up to $25,000 may 20

be reprogrammed into any continuing study or activ-21

ity that did not receive an appropriation for existing 22

obligations and concomitant administrative expenses; 23

(7) CONSTRUCTION.—For a base level over 24

$2,000,000, reprogramming of 15 percent of the 25

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base amount up to a limit of $3,000,000 per project, 1

study or activity is allowed: Provided, That for a 2

base level less than $2,000,000, the reprogramming 3

limit is $300,000: Provided further, That up to 4

$3,000,000 may be reprogrammed for settled con-5

tractor claims, changed conditions, or real estate de-6

ficiency judgments: Provided further, That up to 7

$300,000 may be reprogrammed into any continuing 8

study or activity that did not receive an appropria-9

tion for existing obligations and concomitant admin-10

istrative expenses; 11

(8) OPERATION AND MAINTENANCE.—Unlim-12

ited reprogramming authority is granted for the 13

Corps to be able to respond to emergencies: Pro-14

vided, That the Chief of Engineers shall notify the 15

House and Senate Committees on Appropriations of 16

these emergency actions as soon thereafter as prac-17

ticable: Provided further, That for a base level over 18

$1,000,000, reprogramming of 15 percent of the 19

base amount up to a limit of $5,000,000 per project, 20

study, or activity is allowed: Provided further, That 21

for a base level less than $1,000,000, the re-22

programming limit is $150,000: Provided further, 23

That $150,000 may be reprogrammed into any con-24

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•S 1609 PCS

tinuing study or activity that did not receive an ap-1

propriation; 2

(9) MISSISSIPPI RIVER AND TRIBUTARIES.— 3

The reprogramming guidelines in paragraphs (6), 4

(7), and (8) shall apply to the Investigations, Con-5

struction, and Operation and Maintenance portions 6

of the Mississippi River and Tributaries Account, re-7

spectively; and 8

(10) FORMERLY UTILIZED SITES REMEDIAL AC-9

TION PROGRAM.—Reprogramming of up to 15 per-10

cent of the base of the receiving project is permitted. 11

(b) DE MINIMUS REPROGRAMMINGS.—In no case 12

should a reprogramming for less than $50,000 be sub-13

mitted to the House and Senate Committees on Appro-14

priations. 15

(c) CONTINUING AUTHORITIES PROGRAM.—Sub-16

section (a)(1) shall not apply to any project or activity 17

funded under the continuing authorities program. 18

(d) Not later than 60 days after the date of enact-19

ment of this Act, the Secretary shall submit a report to 20

the House and Senate Committees on Appropriations to 21

establish the baseline for application of reprogramming 22

and transfer authorities for the current fiscal year which 23

shall include: 24

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•S 1609 PCS

(1) A table for each appropriation with a sepa-1

rate column to display the President’s budget re-2

quest, adjustments made by Congress, adjustments 3

due to enacted rescissions, if applicable, and the fis-4

cal year enacted level; and 5

(2) A delineation in the table for each appro-6

priation both by object class and program, project 7

and activity as detailed in the budget appendix for 8

the respective appropriations; and 9

(3) An identification of items of special congres-10

sional interest. 11

SEC. 102. The Secretary shall allocate funds made 12

available in this Act solely in accordance with the provi-13

sions of this Act and the accompanying report, including 14

the determination and designation of new starts. 15

SEC. 103. None of the funds made available in this 16

title may be used to award or modify any contract that 17

commits funds beyond the amounts appropriated for that 18

program, project, or activity that remain unobligated, ex-19

cept that such amounts may include any funds that have 20

been made available through reprogramming pursuant to 21

section 101. 22

SEC. 104. The Secretary of the Army may transfer 23

to the Fish and Wildlife Service, and the Fish and Wildlife 24

Service may accept and expend, up to $5,400,000 of funds 25

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provided in this title under the heading ‘‘Operation and 1

Maintenance’’ to mitigate for fisheries lost due to Corps 2

of Engineers projects. 3

SEC. 105. None of the funds in this Act shall be used 4

for an open lake placement alternative for dredged mate-5

rial, after evaluating the least costly, environmentally ac-6

ceptable manner for the disposal or management of 7

dredged material originating from Lake Erie or tributaries 8

thereto, unless it is approved under a State water quality 9

certification pursuant to section 401 of the Federal Water 10

Pollution Control Act (33 U.S.C. 1341): Provided further, 11

That until an open lake placement alternative for dredged 12

material is approved under a State water quality certifi-13

cation, the Corps of Engineers shall continue upland 14

placement of such dredged material consistent with the re-15

quirements of section 101 of the Water Resources Devel-16

opment Act of 1986 (33 U.S.C. 2211). 17


title may be used for any acquisition of buoy chain that 19

is not consistent with 48 CFR 225.7007, subsections 20

(a)(1) and (a)(2). 21

SEC. 107. None of the funds made available by this 22

Act may be used to carry out any water supply reallocation 23

study under the Wolf Creek Dam, Lake Cumberland, Ken-24

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tucky, project authorized under the Act of July 24, 1946 1

(60 Stat. 636, ch. 595). 2

SEC. 108. Not later than 30 days after the date of 3

enactment of this Act, the Secretary of the Army, acting 4

through the Chief of Engineers, shall publish in the Fed-5

eral Register and make available for public comment the 6

interim report relating to the Tentatively Selected Plan 7

for the Great Lakes Mississippi River Interbasin Study 8

Brandon Road Study. 9

SEC. 109. Relative to the Rough River Lake Flowage 10

Easement Encroachment Resolution Plan, the Chief of 11

Engineers shall submit to the Committees on Appropria-12

tions of both Houses of Congress, not later than 90 days 13

after the date of enactment of this Act, a report that in-14

cludes an inventory of habitable structures and improve-15

ments built, installed, or established in the flowage ease-16

ment boundary; whether each such structure or improve-17

ment in the inventory was built, installed or established 18

within the flowage easement boundary before or after the 19

surveys conducted by the Corps of Engineers in 2013, 20

2014, and 2015; and what notice landowners had of the 21

flowage easement boundary prior to those surveys. 22

SEC. 110. Section 2008 of the Water Resources De-23

velopment Act of 2007 (33 U.S.C. 2340) is amended by 24

striking subsection (c). 25

14

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TITLE II 1

DEPARTMENT OF THE INTERIOR 2

CENTRAL UTAH PROJECT 3

CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4

For carrying out activities authorized by the Central 5

Utah Project Completion Act, $10,500,000, to remain 6

available until expended, of which $898,000 shall be de-7

posited into the Utah Reclamation Mitigation and Con-8

servation Account for use by the Utah Reclamation Miti-9

gation and Conservation Commission: Provided, That of 10

the amount provided under this heading, $1,450,000 shall 11

be available until September 30, 2019, for expenses nec-12

essary in carrying out related responsibilities of the Sec-13

retary of the Interior: Provided further, That for fiscal 14

year 2018, of the amount made available to the Commis-15

sion under this Act or any other Act, the Commission may 16

use an amount not to exceed $1,500,000 for administra-17

tive expenses. 18

BUREAU OF RECLAMATION 19

The following appropriations shall be expended to 20

execute authorized functions of the Bureau of Reclama-21

tion: 22

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WATER AND RELATED RESOURCES 1

(INCLUDING TRANSFERS OF FUNDS) 2

For management, development, and restoration of 3

water and related natural resources and for related activi-4

ties, including the operation, maintenance, and rehabilita-5

tion of reclamation and other facilities, participation in 6

fulfilling related Federal responsibilities to Native Ameri-7

cans, and related grants to, and cooperative and other 8

agreements with, State and local governments, federally 9

recognized Indian tribes, and others, $1,150,349,000, to 10

remain available until expended, of which $67,693,000 11

shall be available for transfer to the Upper Colorado River 12

Basin Fund and $5,551,000 shall be available for transfer 13

to the Lower Colorado River Basin Development Fund; 14

of which such amounts as may be necessary may be ad-15

vanced to the Colorado River Dam Fund: Provided, That 16

such transfers may be increased or decreased within the 17

overall appropriation under this heading: Provided further, 18

That of the total appropriated, the amount for program 19

activities that can be financed by the Reclamation Fund 20

or the Bureau of Reclamation special fee account estab-21

lished by 16 U.S.C. 6806 shall be derived from that Fund 22

or account: Provided further, That funds contributed 23

under 43 U.S.C. 395 are available until expended for the 24

purposes for which the funds were contributed: Provided 25

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further, That funds advanced under 43 U.S.C. 397a shall 1

be credited to this account and are available until ex-2

pended for the same purposes as the sums appropriated 3

under this heading: Provided further, That of the amounts 4

provided herein, funds may be used for high-priority 5

projects which shall be carried out by the Youth Conserva-6

tion Corps, as authorized by 16 U.S.C. 1706. 7

CENTRAL VALLEY PROJECT RESTORATION FUND 8

For carrying out the programs, projects, plans, habi-9

tat restoration, improvement, and acquisition provisions of 10

the Central Valley Project Improvement Act, $41,376,000, 11

to be derived from such sums as may be collected in the 12

Central Valley Project Restoration Fund pursuant to sec-13

tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 14

102–575, to remain available until expended: Provided, 15

That the Bureau of Reclamation is directed to assess and 16

collect the full amount of the additional mitigation and 17

restoration payments authorized by section 3407(d) of 18

Public Law 102–575: Provided further, That none of the 19

funds made available under this heading may be used for 20

the acquisition or leasing of water for in-stream purposes 21

if the water is already committed to in-stream purposes 22

by a court adopted decree or order. 23

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CALIFORNIA BAY-DELTA RESTORATION 1

(INCLUDING TRANSFERS OF FUNDS) 2

For carrying out activities authorized by the Water 3

Supply, Reliability, and Environmental Improvement Act, 4

consistent with plans to be approved by the Secretary of 5

the Interior, $37,000,000, to remain available until ex-6

pended, of which such amounts as may be necessary to 7

carry out such activities may be transferred to appropriate 8

accounts of other participating Federal agencies to carry 9

out authorized purposes: Provided, That funds appro-10

priated herein may be used for the Federal share of the 11

costs of CALFED Program management: Provided fur-12

ther, That CALFED implementation shall be carried out 13

in a balanced manner with clear performance measures 14

demonstrating concurrent progress in achieving the goals 15

and objectives of the Program. 16

POLICY AND ADMINISTRATION 17

For expenses necessary for policy, administration, 18

and related functions in the Office of the Commissioner, 19

the Denver office, and offices in the five regions of the 20

Bureau of Reclamation, to remain available until Sep-21

tember 30, 2019, $59,000,000, to be derived from the 22

Reclamation Fund and be nonreimbursable as provided in 23

43 U.S.C. 377: Provided, That no part of any other appro-24

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priation in this Act shall be available for activities or func-1

tions budgeted as policy and administration expenses. 2

ADMINISTRATIVE PROVISION 3

Appropriations for the Bureau of Reclamation shall 4

be available for purchase of not to exceed five passenger 5

motor vehicles, which are for replacement only. 6

GENERAL PROVISIONS—DEPARTMENT OF THE 7

INTERIOR 8

SEC. 201. (a) None of the funds provided in title II 9

of this Act for Water and Related Resources, or provided 10

by previous or subsequent appropriations Acts to the agen-11

cies or entities funded in title II of this Act for Water 12

and Related Resources that remain available for obligation 13

or expenditure in fiscal year 2018, shall be available for 14

obligation or expenditure through a reprogramming of 15

funds that— 16

(1) initiates or creates a new program, project, 17

or activity; 18

(2) eliminates a program, project, or activity; 19

(3) increases funds for any program, project, or 20

activity for which funds have been denied or re-21

stricted by this Act, unless prior approval is received 22

from the Committees on Appropriations of the 23

House of Representatives and the Senate; 24

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(4) restarts or resumes any program, project or 1

activity for which funds are not provided in this Act, 2

unless prior approval is received from the Commit-3

tees on Appropriations of the House of Representa-4

tives and the Senate; 5

(5) transfers funds in excess of the following 6

limits, unless prior approval is received from the 7

Committees on Appropriations of the House of Rep-8

resentatives and the Senate: 9

(A) 15 percent for any program, project or 10

activity for which $2,000,000 or more is avail-11

able at the beginning of the fiscal year; or 12

(B) $400,000 for any program, project or 13

activity for which less than $2,000,000 is avail-14

able at the beginning of the fiscal year; 15

(6) transfers more than $500,000 from either 16

the Facilities Operation, Maintenance, and Rehabili-17

tation category or the Resources Management and 18

Development category to any program, project, or 19

activity in the other category, unless prior approval 20

is received from the Committees on Appropriations 21

of the House of Representatives and the Senate; or 22

(7) transfers, where necessary to discharge legal 23

obligations of the Bureau of Reclamation, more than 24

$5,000,000 to provide adequate funds for settled 25

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contractor claims, increased contractor earnings due 1

to accelerated rates of operations, and real estate de-2

ficiency judgments, unless prior approval is received 3

from the Committees on Appropriations of the 4

House of Representatives and the Senate. 5

(b) Subsection (a)(5) shall not apply to any transfer 6

of funds within the Facilities Operation, Maintenance, and 7

Rehabilitation category. 8

(c) For purposes of this section, the term transfer 9

means any movement of funds into or out of a program, 10

project, or activity. 11

(d) The Bureau of Reclamation shall submit reports 12

on a quarterly basis to the Committees on Appropriations 13

of the House of Representatives and the Senate detailing 14

all the funds reprogrammed between programs, projects, 15

activities, or categories of funding. The first quarterly re-16

port shall be submitted not later than 60 days after the 17

date of enactment of this Act. 18

SEC. 202. (a) None of the funds appropriated or oth-19

erwise made available by this Act may be used to deter-20

mine the final point of discharge for the interceptor drain 21

for the San Luis Unit until development by the Secretary 22

of the Interior and the State of California of a plan, which 23

shall conform to the water quality standards of the State 24

of California as approved by the Administrator of the En-25

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vironmental Protection Agency, to minimize any detri-1

mental effect of the San Luis drainage waters. 2

(b) The costs of the Kesterson Reservoir Cleanup 3

Program and the costs of the San Joaquin Valley Drain-4

age Program shall be classified by the Secretary of the 5

Interior as reimbursable or nonreimbursable and collected 6

until fully repaid pursuant to the ‘‘Cleanup Program— 7

Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-8

native Repayment Plan’’ described in the report entitled 9

‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-10

gram and San Joaquin Valley Drainage Program, Feb-11

ruary 1995’’, prepared by the Department of the Interior, 12

Bureau of Reclamation. Any future obligations of funds 13

by the United States relating to, or providing for, drainage 14

service or drainage studies for the San Luis Unit shall 15

be fully reimbursable by San Luis Unit beneficiaries of 16

such service or studies pursuant to Federal reclamation 17

law. 18

SEC. 203. (a) Section 104(c) of the Reclamation 19

States Emergency Drought Relief Act of 1991 (43 U.S.C. 20

2214(c)) is amended by striking ‘‘2017’’ and inserting 21

‘‘2022’’. 22

(b) Section 301 of the Reclamation States Emergency 23

Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 24

by— 25

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(1) striking ‘‘2017’’ and inserting ‘‘2022’’; and 1

(2) striking ‘‘$90,000,000’’ and inserting 2

‘‘$120,000,000’’. 3

USE OF WATER FOR INDUSTRIAL HEMP CULTIVATION 4

SEC. 204. (a) DEFINITION OF INDUSTRIAL HEMP.— 5

In this section, the term ‘‘industrial hemp’’ has the mean-6

ing given the term in section 7606(b) of the Agricultural 7

Act of 2014 (7 U.S.C. 5940(b)). 8

(b) USE FOR INDUSTRIAL HEMP CULTIVATION.— 9

Notwithstanding the Controlled Substances Act (21 10

U.S.C. 801 et seq.), chapter 81 of title 41, United States 11

Code, or any other Federal law, an owner of an absolute 12

or conditional water right, or an entity that receives or 13

distributes water contracted from the Federal Govern-14

ment, may, pursuant to State water law, use or sell for 15

use by another person the water subject to the water right 16

or the contract, as applicable, for the cultivation of indus-17

trial hemp, regardless of whether the water has passed 18

through a Federal water project, if the growth or cultiva-19

tion of industrial hemp is otherwise authorized under the 20

laws of the State in which such use occurs. 21

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TITLE III 1

DEPARTMENT OF ENERGY 2

ENERGY PROGRAMS 3

ENERGY EFFICIENCY AND RENEWABLE ENERGY 4

For Department of Energy expenses including the 5

purchase, construction, and acquisition of plant and cap-6

ital equipment, and other expenses necessary for energy 7

efficiency and renewable energy activities in carrying out 8

the purposes of the Department of Energy Organization 9

Act (42 U.S.C. 7101 et seq.), including the acquisition or 10

condemnation of any real property or any facility or for 11

plant or facility acquisition, construction, or expansion, 12

$1,936,988,000, to remain available until expended: Pro-13

vided, That of such amount, $153,500,000 shall be avail-14

able until September 30, 2019, for program direction. 15

ELECTRICITY DELIVERY AND ENERGY RELIABILITY 16



ital equipment, and other expenses necessary for elec-19

tricity delivery and energy reliability activities in carrying 20

out the purposes of the Department of Energy Organiza-21

tion Act (42 U.S.C. 7101 et seq.), including the acquisi-22

tion or condemnation of any real property or any facility 23

or for plant or facility acquisition, construction, or expan-24

sion, $213,141,000, to remain available until expended: 25

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Provided, That of such amount, $27,000,000 shall be 1

available until September 30, 2019, for program direction. 2

NUCLEAR ENERGY 3



ital equipment, and other expenses necessary for nuclear 6

energy activities in carrying out the purposes of the De-7

partment of Energy Organization Act (42 U.S.C. 7101 et 8

seq.), including the acquisition or condemnation of any 9

real property or any facility or for plant or facility acquisi-10

tion, construction, or expansion, $917,020,000, to remain 11

available until expended: Provided, That of such amount 12

the Secretary may obligate up to $10,000,000 under exist-13

ing authorities for contracting for the management of used 14

nuclear fuel to which the Secretary holds the title or has 15

a contract to accept title: Provided further, That of such 16

amount, $74,218,000 shall be available until September 17

30, 2019, for program direction. 18

FOSSIL ENERGY RESEARCH AND DEVELOPMENT 19

For Department of Energy expenses necessary in car-20

rying out fossil energy research and development activi-21

ties, under the authority of the Department of Energy Or-22

ganization Act (42 U.S.C. 7101 et seq.), including the ac-23

quisition of interest, including defeasible and equitable in-24

terests in any real property or any facility or for plant 25

25

•S 1609 PCS

or facility acquisition or expansion, and for conducting in-1

quiries, technological investigations and research con-2

cerning the extraction, processing, use, and disposal of 3

mineral substances without objectionable social and envi-4

ronmental costs (30 U.S.C. 3, 1602, and 1603), 5

$572,701,000, to remain available until expended: Pro-6

vided, That of such amount $57,000,000 shall be available 7

until September 30, 2019, for program direction. 8

NAVAL PETROLEUM AND OIL SHALE RESERVES 9

For Department of Energy expenses necessary to 10

carry out naval petroleum and oil shale reserve activities, 11

$4,900,000, to remain available until expended: Provided, 12

That notwithstanding any other provision of law, unobli-13

gated funds remaining from prior years shall be available 14

for all naval petroleum and oil shale reserve activities. 15

STRATEGIC PETROLEUM RESERVE 16

For Department of Energy expenses necessary for 17

Strategic Petroleum Reserve facility development and op-18

erations and program management activities pursuant to 19

the Energy Policy and Conservation Act (42 U.S.C. 6201 20

et seq.), $180,000,000, to remain available until expended. 21

ENERGY SECURITY AND INFRASTRUCTURE 22

MODERNIZATION FUND 23

As authorized by section 404 of the Bipartisan Budg-24

et Act of 2015 (Public Law 114–74; 42 U.S.C. 6239 25

26

•S 1609 PCS

note), the Secretary of Energy shall drawdown and sell 1

not to exceed $350,000,000 of crude oil from the Strategic 2

Petroleum Reserve in fiscal year 2018: Provided, That the 3

proceeds from such drawdown and sale shall be deposited 4

in this account during fiscal year 2018: Provided further, 5

That such amounts shall remain available until expended 6

for necessary expenses to carry out modernization and op-7

erations and maintenance activities for the Strategic Pe-8

troleum Reserve. 9

NORTHEAST HOME HEATING OIL RESERVE 10


Northeast Home Heating Oil Reserve storage, operation, 12

and management activities pursuant to the Energy Policy 13

and Conservation Act (42 U.S.C. 6201 et seq.), 14

$6,500,000, to remain available until expended. 15

ENERGY INFORMATION ADMINISTRATION 16


rying out the activities of the Energy Information Admin-18

istration, $122,000,000, to remain available until ex-19

pended. 20

NON-DEFENSE ENVIRONMENTAL CLEANUP 21

For Department of Energy expenses, including the 22


ital equipment and other expenses necessary for non-de-24

fense environmental cleanup activities in carrying out the 25

27

•S 1609 PCS

purposes of the Department of Energy Organization Act 1

(42 U.S.C. 7101 et seq.), including the acquisition or con-2

demnation of any real property or any facility or for plant 3

or facility acquisition, construction, or expansion, 4


URANIUM ENRICHMENT DECONTAMINATION AND 6

DECOMMISSIONING FUND 7


rying out uranium enrichment facility decontamination 9

and decommissioning, remedial actions, and other activi-10

ties of title II of the Atomic Energy Act of 1954, and 11

title X, subtitle A, of the Energy Policy Act of 1992, 12

$788,000,000, to be derived from the Uranium Enrich-13

ment Decontamination and Decommissioning Fund, to re-14

main available until expended, of which $13,732,000 shall 15

be available in accordance with title X, subtitle A, of the 16

Energy Policy Act of 1992. 17

SCIENCE 18



ital equipment, and other expenses necessary for science 21

activities in carrying out the purposes of the Department 22

of Energy Organization Act (42 U.S.C. 7101 et seq.), in-23

cluding the acquisition or condemnation of any real prop-24

erty or facility or for plant or facility acquisition, construc-25

28

•S 1609 PCS

tion, or expansion, and purchase of not more than 17 pas-1

senger motor vehicles for replacement only, including one 2

ambulance and one bus, $5,550,000,000, to remain avail-3

able until expended: Provided, That of such amount, 4

$177,000,000 shall be available until September 30, 2019, 5

for program direction: Provided further, That funds made 6

available for Basic Energy Sciences shall be expended for 7

the programs, projects, and activities specified in the 8

‘‘Committee recommendation’’ column in the ‘‘Basic En-9

ergy Sciences’’ table in the report of the Committee on 10

Appropriations accompanying this Act. 11

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 12


rying out the activities authorized by section 5012 of the 14

America COMPETES Act (Public Law 110–69), 15




OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS 19

For necessary expenses for Indian Energy activities 20

in carrying out the purposes of the Department of Energy 21

Organization Act (42 U.S.C. 7101 et seq.), $16,000,000, 22

to remain available until expended: Provided, That, of the 23

amount appropriated under this heading, $4,800,000 shall 24

29

•S 1609 PCS

be available until September 30, 2019, for program direc-1

tion. 2

TRIBAL ENERGY LOAN GUARANTEE PROGRAM 3

For Department of Energy administrative expenses 4

necessary in carrying out the Tribal Energy Loan Guar-5

antee Program, $1,000,000, to remain available until Sep-6

tember 30, 2019. 7

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 8

PROGRAM 9

Such sums as are derived from amounts received 10

from borrowers pursuant to section 1702(b) of the Energy 11

Policy Act of 2005 under this heading in prior Acts, shall 12

be collected in accordance with section 502(7) of the Con-13

gressional Budget Act of 1974: Provided, That for nec-14

essary administrative expenses to carry out this Loan 15

Guarantee program, $2,000,000 is appropriated from fees 16

collected in prior years pursuant to section 1702(h) of the 17

Energy Policy Act of 2005 which are not otherwise appro-18

priated, to remain available until September 30, 2019: 19

Provided further, That if the amount in the previous pro-20

viso is not available from such fees, an amount for such 21

purposes is also appropriated from the general fund so as 22

to result in a total amount appropriated for such purpose 23

of no more than $2,000,000: Provided further, That fees 24

collected pursuant to such section 1702(h) for fiscal year 25

30

•S 1609 PCS

2018 shall be credited as offsetting collections under this 1

heading and shall not be available until appropriated: Pro-2

vided further, That the Department of Energy shall not 3

subordinate any loan obligation to other financing in viola-4

tion of section 1702 of the Energy Policy Act of 2005 or 5

subordinate any Guaranteed Obligation to any loan or 6

other debt obligations in violation of section 609.10 of title 7

10, Code of Federal Regulations. 8

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 9

LOAN PROGRAM 10

For Department of Energy administrative expenses 11

necessary in carrying out the Advanced Technology Vehi-12

cles Manufacturing Loan Program, $5,000,000, to remain 13

available until September 30, 2019. 14

DEPARTMENTAL ADMINISTRATION 15

For salaries and expenses of the Department of En-16

ergy necessary for departmental administration in car-17

rying out the purposes of the Department of Energy Orga-18

nization Act (42 U.S.C. 7101 et seq.), $238,736,000, to 19

remain available until September 30, 2019, including the 20

hire of passenger motor vehicles and official reception and 21

representation expenses not to exceed $30,000, plus such 22

additional amounts as necessary to cover increases in the 23

estimated amount of cost of work for others notwith-24

standing the provisions of the Anti-Deficiency Act (31 25

31

•S 1609 PCS

U.S.C. 1511 et seq.): Provided, That such increases in 1

cost of work are offset by revenue increases of the same 2

or greater amount: Provided further, That moneys received 3

by the Department for miscellaneous revenues estimated 4

to total $96,000,000 in fiscal year 2018 may be retained 5

and used for operating expenses within this account, as 6

authorized by section 201 of Public Law 95–238, notwith-7

standing the provisions of 31 U.S.C. 3302: Provided fur-8

ther, That the sum herein appropriated shall be reduced 9

as collections are received during the fiscal year so as to 10

result in a final fiscal year 2018 appropriation from the 11

general fund estimated at not more than $142,736,000. 12

OFFICE OF THE INSPECTOR GENERAL 13

For expenses necessary for the Office of the Inspector 14

General in carrying out the provisions of the Inspector 15

General Act of 1978, $49,000,000, to remain available 16

until September 30, 2019. 17

ATOMIC ENERGY DEFENSE ACTIVITIES 18

NATIONAL NUCLEAR SECURITY 19

ADMINISTRATION 20

WEAPONS ACTIVITIES 21



ital equipment and other incidental expenses necessary for 24

atomic energy defense weapons activities in carrying out 25

32

•S 1609 PCS








DEFENSE NUCLEAR NONPROLIFERATION 8



ital equipment and other incidental expenses necessary for 11

defense nuclear nonproliferation activities, in carrying out 12






vided, That none of the funds provided under this heading, 18

or in prior Acts that remain unobligated, shall be available 19

for construction of Project 99–D–143, Mixed Oxide Fuel 20

Fabrication Facility. 21

NAVAL REACTORS 22


naval reactors activities to carry out the Department of 24

Energy Organization Act (42 U.S.C. 7101 et seq.), includ-25

33

•S 1609 PCS

ing the acquisition (by purchase, condemnation, construc-1

tion, or otherwise) of real property, plant, and capital 2

equipment, facilities, and facility expansion, 3




FEDERAL SALARIES AND EXPENSES 7

For expenses necessary for Federal Salaries and Ex-8

penses in the National Nuclear Security Administration, 9

$396,000,000, to remain available until September 30, 10

2019, including official reception and representation ex-11

penses not to exceed $12,000. 12

ENVIRONMENTAL AND OTHER DEFENSE 13

ACTIVITIES 14

DEFENSE ENVIRONMENTAL CLEANUP 15



ital equipment and other expenses necessary for atomic 18

energy defense environmental cleanup activities in car-19

rying out the purposes of the Department of Energy Orga-20

nization Act (42 U.S.C. 7101 et seq.), including the acqui-21

sition or condemnation of any real property or any facility 22

or for plant or facility acquisition, construction, or expan-23

sion, $5,579,968,000, to remain available until expended: 24

Provided, That of such amount, $290,150,000 shall be 25

34

•S 1609 PCS

available until September 30, 2019, for program direction: 1

Provided further, That of such amount, $55,000,000 shall 2

be available for the deactivation and decommissioning of 3

high-risk excess facilities that are not in the current 4

project inventory of the Environmental Management pro-5

gram. 6

DEFENSE URANIUM ENRICHMENT DECONTAMINATION 7

AND DECOMMISSIONING 8

(INCLUDING TRANSFER OF FUNDS) 9

For an additional amount for atomic energy defense 10

environmental cleanup activities for Department of En-11

ergy contributions for uranium enrichment decontamina-12

tion and decommissioning activities, $788,000,000, to be 13

deposited into the Defense Environmental Cleanup ac-14

count which shall be transferred to the ‘‘Uranium Enrich-15

ment Decontamination and Decommissioning Fund’’. 16

URANIUM SUPPLY AND ENRICHMENT ACTIVITIES 17

The unappropriated receipts currently in the Ura-18

nium Supply and Enrichment Activities account shall be 19

transferred to and merged with the Uranium Enrichment 20

Decontamination and Decommissioning Fund and shall be 21

available only to the extent provided in advance in appro-22

priations Acts. 23

35

•S 1609 PCS

OTHER DEFENSE ACTIVITIES 1



ital equipment and other expenses, necessary for atomic 4

energy defense, other defense activities, and classified ac-5

tivities, in carrying out the purposes of the Department 6

of Energy Organization Act (42 U.S.C. 7101 et seq.), in-7

cluding the acquisition or condemnation of any real prop-8

erty or any facility or for plant or facility acquisition, con-9

struction, or expansion, $784,000,000, to remain available 10

until expended: Provided, That of such amount, 11

$257,116,000 shall be available until September 30, 2019, 12

for program direction. 13

POWER MARKETING ADMINISTRATIONS 14

BONNEVILLE POWER ADMINISTRATION FUND 15

Expenditures from the Bonneville Power Administra-16

tion Fund, established pursuant to Public Law 93–454, 17

are approved for official reception and representation ex-18

penses in an amount not to exceed $5,000: Provided, That 19

during fiscal year 2018, no new direct loan obligations 20

may be made. 21

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 22

ADMINISTRATION 23

For expenses necessary for operation and mainte-24

nance of power transmission facilities and for marketing 25

36

•S 1609 PCS

electric power and energy, including transmission wheeling 1

and ancillary services, pursuant to section 5 of the Flood 2

Control Act of 1944 (16 U.S.C. 825s), as applied to the 3

southeastern power area, $6,379,000, including official re-4

ception and representation expenses in an amount not to 5

exceed $1,500, to remain available until expended: Pro-6

vided, That notwithstanding 31 U.S.C. 3302 and section 7

5 of the Flood Control Act of 1944, up to $6,379,000 col-8

lected by the Southeastern Power Administration from the 9

sale of power and related services shall be credited to this 10

account as discretionary offsetting collections, to remain 11

available until expended for the sole purpose of funding 12

the annual expenses of the Southeastern Power Adminis-13

tration: Provided further, That the sum herein appro-14

priated for annual expenses shall be reduced as collections 15

are received during the fiscal year so as to result in a final 16

fiscal year 2018 appropriation estimated at not more than 17

$0: Provided further, That notwithstanding 31 U.S.C. 18

3302, up to $51,000,000 collected by the Southeastern 19

Power Administration pursuant to the Flood Control Act 20

of 1944 to recover purchase power and wheeling expenses 21

shall be credited to this account as offsetting collections, 22

to remain available until expended for the sole purpose 23

of making purchase power and wheeling expenditures: 24

Provided further, That for purposes of this appropriation, 25

37

•S 1609 PCS

annual expenses means expenditures that are generally re-1

covered in the same year that they are incurred (excluding 2

purchase power and wheeling expenses). 3

OPERATION AND MAINTENANCE, SOUTHWESTERN 4

POWER ADMINISTRATION 5

For expenses necessary for operation and mainte-6

nance of power transmission facilities and for marketing 7

electric power and energy, for construction and acquisition 8

of transmission lines, substations and appurtenant facili-9

ties, and for administrative expenses, including official re-10

ception and representation expenses in an amount not to 11

exceed $1,500 in carrying out section 5 of the Flood Con-12

trol Act of 1944 (16 U.S.C. 825s), as applied to the 13

Southwestern Power Administration, $30,288,000, to re-14

main available until expended: Provided, That notwith-15

standing 31 U.S.C. 3302 and section 5 of the Flood Con-16

trol Act of 1944 (16 U.S.C. 825s), up to $18,888,000 col-17

lected by the Southwestern Power Administration from 18

the sale of power and related services shall be credited to 19

this account as discretionary offsetting collections, to re-20

main available until expended, for the sole purpose of 21

funding the annual expenses of the Southwestern Power 22

Administration: Provided further, That the sum herein ap-23

propriated for annual expenses shall be reduced as collec-24

tions are received during the fiscal year so as to result 25

38

•S 1609 PCS

in a final fiscal year 2018 appropriation estimated at not 1

more than $11,400,000: Provided further, That notwith-2

standing 31 U.S.C. 3302, up to $10,000,000 collected by 3

the Southwestern Power Administration pursuant to the 4

Flood Control Act of 1944 to recover purchase power and 5

wheeling expenses shall be credited to this account as off-6

setting collections, to remain available until expended for 7

the sole purpose of making purchase power and wheeling 8

expenditures: Provided further, That for purposes of this 9

appropriation, annual expenses means expenditures that 10

are generally recovered in the same year that they are in-11

curred (excluding purchase power and wheeling expenses). 12

CONSTRUCTION, REHABILITATION, OPERATION AND 13

MAINTENANCE, WESTERN AREA POWER ADMINIS-14

TRATION 15

For carrying out the functions authorized by title III, 16

section 302(a)(1)(E) of the Act of August 4, 1977 (42 17

U.S.C. 7152), and other related activities including con-18

servation and renewable resources programs as author-19

ized, $232,276,000, including official reception and rep-20

resentation expenses in an amount not to exceed $1,500, 21

to remain available until expended, of which $232,276,000 22

shall be derived from the Department of the Interior Rec-23

lamation Fund: Provided, That notwithstanding 31 U.S.C. 24

3302, section 5 of the Flood Control Act of 1944 (16 25

39

•S 1609 PCS

U.S.C. 825s), and section 1 of the Interior Department 1

Appropriation Act, 1939 (43 U.S.C. 392a), up to 2

$138,904,000 collected by the Western Area Power Ad-3

ministration from the sale of power and related services 4

shall be credited to this account as discretionary offsetting 5

collections, to remain available until expended, for the sole 6

purpose of funding the annual expenses of the Western 7

Area Power Administration: Provided further, That the 8

sum herein appropriated for annual expenses shall be re-9

duced as collections are received during the fiscal year so 10

as to result in a final fiscal year 2018 appropriation esti-11

mated at not more than $93,372,000, of which 12

$88,179,000 is derived from the Reclamation Fund: Pro-13

vided further, That notwithstanding 31 U.S.C. 3302, up 14

to $179,000,000 collected by the Western Area Power Ad-15

ministration pursuant to the Flood Control Act of 1944 16

and the Reclamation Project Act of 1939 to recover pur-17

chase power and wheeling expenses shall be credited to 18

this account as offsetting collections, to remain available 19

until expended for the sole purpose of making purchase 20

power and wheeling expenditures: Provided further, That 21

for purposes of this appropriation, annual expenses means 22

expenditures that are generally recovered in the same year 23

that they are incurred (excluding purchase power and 24

wheeling expenses). 25

40

•S 1609 PCS

FALCON AND AMISTAD OPERATING AND MAINTENANCE 1

FUND 2

For operation, maintenance, and emergency costs for 3

the hydroelectric facilities at the Falcon and Amistad 4

Dams, $4,176,000, to remain available until expended, 5

and to be derived from the Falcon and Amistad Operating 6

and Maintenance Fund of the Western Area Power Ad-7

ministration, as provided in section 2 of the Act of June 8

18, 1954 (68 Stat. 255): Provided, That notwithstanding 9

the provisions of that Act and of 31 U.S.C. 3302, up to 10

$3,948,000 collected by the Western Area Power Adminis-11

tration from the sale of power and related services from 12

the Falcon and Amistad Dams shall be credited to this 13

account as discretionary offsetting collections, to remain 14

available until expended for the sole purpose of funding 15

the annual expenses of the hydroelectric facilities of these 16

Dams and associated Western Area Power Administration 17

activities: Provided further, That the sum herein appro-18

priated for annual expenses shall be reduced as collections 19

are received during the fiscal year so as to result in a final 20

fiscal year 2018 appropriation estimated at not more than 21

$228,000: Provided further, That for purposes of this ap-22

propriation, annual expenses means expenditures that are 23

generally recovered in the same year that they are in-24

curred: Provided further, That for fiscal year 2018, the 25

41

•S 1609 PCS

Administrator of the Western Area Power Administration 1

may accept up to $872,000 in funds contributed by United 2

States power customers of the Falcon and Amistad Dams 3

for deposit into the Falcon and Amistad Operating and 4

Maintenance Fund, and such funds shall be available for 5

the purpose for which contributed in like manner as if said 6

sums had been specifically appropriated for such purpose: 7

Provided further, That any such funds shall be available 8

without further appropriation and without fiscal year limi-9

tation for use by the Commissioner of the United States 10

Section of the International Boundary and Water Com-11

mission for the sole purpose of operating, maintaining, re-12

pairing, rehabilitating, replacing, or upgrading the hydro-13

electric facilities at these Dams in accordance with agree-14

ments reached between the Administrator, Commissioner, 15

and the power customers. 16

FEDERAL ENERGY REGULATORY COMMISSION 17

SALARIES AND EXPENSES 18

For expenses necessary for the Federal Energy Regu-19

latory Commission to carry out the provisions of the De-20

partment of Energy Organization Act (42 U.S.C. 7101 et 21

seq.), including services as authorized by 5 U.S.C. 3109, 22

official reception and representation expenses not to ex-23

ceed $3,000, and the hire of passenger motor vehicles, 24


42

•S 1609 PCS

vided, That notwithstanding any other provision of law, 1

not to exceed $367,600,000 of revenues from fees and an-2

nual charges, and other services and collections in fiscal 3

year 2018 shall be retained and used for expenses nec-4

essary in this account, and shall remain available until ex-5

pended: Provided further, That the sum herein appro-6

priated from the general fund shall be reduced as revenues 7

are received during fiscal year 2018 so as to result in a 8

final fiscal year 2018 appropriation from the general fund 9

estimated at not more than $0. 10

GENERAL PROVISIONS—DEPARTMENT OF 11

ENERGY 12

(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS) 13

SEC. 301. (a) No appropriation, funds, or authority 14

made available by this title for the Department of Energy 15

shall be used to initiate or resume any program, project, 16

or activity or to prepare or initiate Requests For Proposals 17

or similar arrangements (including Requests for 18

Quotations, Requests for Information, and Funding Op-19

portunity Announcements) for a program, project, or ac-20

tivity if the program, project, or activity has not been 21

funded by Congress. 22

(b)(1) Unless the Secretary of Energy notifies the 23

Committees on Appropriations of both Houses of Congress 24

43

•S 1609 PCS

at least 3 full business days in advance, none of the funds 1

made available in this title may be used to— 2

(A) make a grant allocation or discretionary 3

grant award totaling $1,000,000 or more; 4

(B) make a discretionary contract award or 5

Other Transaction Agreement totaling $1,000,000 6

or more, including a contract covered by the Federal 7

Acquisition Regulation; 8

(C) issue a letter of intent to make an alloca-9

tion, award, or Agreement in excess of the limits in 10

subparagraph (A) or (B); or 11

(D) announce publicly the intention to make an 12

allocation, award, or Agreement in excess of the lim-13

its in subparagraph (A) or (B). 14

(2) The Secretary of Energy shall submit to the Com-15

mittees on Appropriations of both Houses of Congress 16

within 15 days of the conclusion of each quarter a report 17

detailing each grant allocation or discretionary grant 18

award totaling less than $1,000,000 provided during the 19

previous quarter. 20

(3) The notification required by paragraph (1) and 21

the report required by paragraph (2) shall include the re-22

cipient of the award, the amount of the award, the fiscal 23

year for which the funds for the award were appropriated, 24

the account and program, project, or activity from which 25

44

•S 1609 PCS

the funds are being drawn, the title of the award, and 1

a brief description of the activity for which the award is 2

made. 3

(c) The Department of Energy may not, with respect 4

to any program, project, or activity that uses budget au-5

thority made available in this title under the heading ‘‘De-6

partment of Energy—Energy Programs’’, enter into a 7

multiyear contract, award a multiyear grant, or enter into 8

a multiyear cooperative agreement unless— 9

(1) the contract, grant, or cooperative agree-10

ment is funded for the full period of performance as 11

anticipated at the time of award; or 12

(2) the contract, grant, or cooperative agree-13

ment includes a clause conditioning the Federal Gov-14

ernment’s obligation on the availability of future 15

year budget authority and the Secretary notifies the 16

Committees on Appropriations of both Houses of 17

Congress at least 3 days in advance. 18

(d) Except as provided in subsections (e), (f), and (g), 19

the amounts made available by this title shall be expended 20

as authorized by law for the programs, projects, and ac-21

tivities specified in the ‘‘Committee recommendation’’ col-22

umn in the ‘‘Department of Energy’’ table included under 23

the heading ‘‘Title III—Department of Energy’’ in the re-24

45

•S 1609 PCS

port of the Committee on Appropriations accompanying 1

this Act. 2

(e) The amounts made available by this title may be 3

reprogrammed for any program, project, or activity, and 4

the Department shall notify, and obtain the prior approval 5

of, the Committees on Appropriations of both Houses of 6

Congress at least 30 days prior to the use of any proposed 7

reprogramming that would cause any program, project, or 8

activity funding level to increase or decrease by more than 9

$500,000 or 1 percent, whichever is less, during the time 10

period covered by this Act. 11

(f) None of the funds provided in this title shall be 12

available for obligation or expenditure through a re-13

programming of funds that— 14

(1) creates, initiates, or eliminates a program, 15

project, or activity; 16

(2) increases funds or personnel for any pro-17

gram, project, or activity for which funds are denied 18

or restricted by this Act; or 19

(3) reduces funds that are directed to be used 20

for a specific program, project, or activity by this 21

Act. 22

(g)(1) The Secretary of Energy may waive any re-23

quirement or restriction in this section that applies to the 24

use of funds made available for the Department of Energy 25

46

•S 1609 PCS

if compliance with such requirement or restriction would 1

pose a substantial risk to human health, the environment, 2

welfare, or national security. 3

(2) The Secretary of Energy shall notify the Commit-4

tees on Appropriations of both Houses of Congress of any 5

waiver under paragraph (1) as soon as practicable, but 6

not later than 3 days after the date of the activity to which 7

a requirement or restriction would otherwise have applied. 8

Such notice shall include an explanation of the substantial 9

risk under paragraph (1) that permitted such waiver. 10

(h) The unexpended balances of prior appropriations 11

provided for activities in this Act may be available to the 12

same appropriation accounts for such activities established 13

pursuant to this title. Available balances may be merged 14

with funds in the applicable established accounts and 15

thereafter may be accounted for as one fund for the same 16

time period as originally enacted. 17

SEC. 302. Funds appropriated by this or any other 18

Act, or made available by the transfer of funds in this 19

Act, for intelligence activities are deemed to be specifically 20

authorized by the Congress for purposes of section 504 21

of the National Security Act of 1947 (50 U.S.C. 3094) 22

during fiscal year 2018 until the enactment of the Intel-23

ligence Authorization Act for fiscal year 2018. 24

47

•S 1609 PCS


title shall be used for the construction of facilities classi-2

fied as high-hazard nuclear facilities under 10 CFR Part 3

830 unless independent oversight is conducted by the Of-4

fice of Enterprise Assessments to ensure the project is in 5

compliance with nuclear safety requirements. 6


title may be used to approve critical decision-2 or critical 8

decision-3 under Department of Energy Order 413.3B, or 9

any successive departmental guidance, for construction 10

projects where the total project cost exceeds 11

$100,000,000, until a separate independent cost estimate 12

has been developed for the project for that critical deci-13

sion. 14

SEC. 305. Notwithstanding section 301(c) of this Act, 15

none of the funds made available under the heading ‘‘De-16

partment of Energy—Energy Programs—Science’’ in this 17

or any subsequent Energy and Water Development and 18

Related Agencies Appropriations Act for any fiscal year 19

may be used for a multiyear contract, grant, cooperative 20

agreement, or Other Transaction Agreement of 21

$1,000,000 or less unless the contract, grant, cooperative 22

agreement, or Other Transaction Agreement is funded for 23

the full period of performance as anticipated at the time 24

of award. 25

48

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SEC. 306. Uranium Lease and Take-Back Fund. 1

There is hereby established in the Treasury of the United 2

States a fund to be known as the ‘‘Uranium Lease and 3

Take-Back Fund’’ (the Fund) for the costs necessary to 4

service the lease and take-back contracts entered into by 5

the Department of Energy pursuant to section 3173 of 6

the National Defense Authorization Act for Fiscal Year 7

2013, including the costs of production and packaging of 8

low enriched uranium for delivery and the costs of taking 9

back target residue or spent nuclear fuel for final disposi-10

tion. For initial capitalization, there is appropriated 11

$1,000,000 to the Fund, to remain available until ex-12

pended. Notwithstanding 31 U.S.C. 3302, revenues re-13

ceived under section 3173 of such Act in this and subse-14

quent fiscal years shall be credited to the Fund as discre-15

tionary offsetting collections and shall not be available 16

until appropriated. 17

SEC. 307. (a) DEFINITIONS.—In this section: 18

(1) AFFECTED INDIAN TRIBE.—The term ‘‘af-19

fected Indian tribe’’ has the meaning given the term 20

in section 2 of the Nuclear Waste Policy Act of 1982 21

(42 U.S.C. 10101). 22

(2) HIGH-LEVEL RADIOACTIVE WASTE.—The 23

term ‘‘high-level radioactive waste’’ has the meaning 24

49

•S 1609 PCS

given the term in section 2 of the Nuclear Waste 1

Policy Act of 1982 (42 U.S.C. 10101). 2

(3) NUCLEAR WASTE FUND.—The term ‘‘Nu-3

clear Waste Fund’’ means the Nuclear Waste Fund 4

established under section 302(c) of the Nuclear 5

Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 6

(4) SECRETARY.—The term ‘‘Secretary’’ means 7

the Secretary of Energy. 8

(5) SPENT NUCLEAR FUEL.—The term ‘‘spent 9

nuclear fuel’’ has the meaning given the term in sec-10

tion 2 of the Nuclear Waste Policy Act of 1982 (42 11

U.S.C. 10101). 12

(b) PILOT PROGRAM.—Notwithstanding any provi-13

sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 14

10101 et seq.), the Secretary is authorized, in the current 15

fiscal year and subsequent fiscal years, to conduct a pilot 16

program to license, construct, and operate 1 or more Fed-17

eral consolidated storage facilities to provide interim stor-18

age as needed for spent nuclear fuel and high-level radio-19

active waste, with priority for storage given to spent nu-20

clear fuel located on sites without an operating nuclear 21

reactor. 22

(c) REQUESTS FOR PROPOSALS.—Not later than 120 23

days after the date of enactment of this Act, the Secretary 24

50

•S 1609 PCS

shall issue a request for proposals for cooperative agree-1

ments— 2

(1) to obtain any license necessary from the 3

Nuclear Regulatory Commission for the construction 4

of 1 or more consolidated storage facilities; 5

(2) to demonstrate the safe transportation of 6

spent nuclear fuel and high-level radioactive waste, 7

as applicable; and 8

(3) to demonstrate the safe storage of spent nu-9

clear fuel and high-level radioactive waste, as appli-10

cable, at the 1 or more consolidated storage facilities 11

pending the construction and operation of deep geo-12

logic disposal capacity for the permanent disposal of 13

the spent nuclear fuel. 14

(d) CONSENT-BASED APPROVAL.—Prior to siting a 15

consolidated storage facility pursuant to this section, the 16

Secretary shall enter into an agreement to host the facility 17

with— 18

(1) the Governor of the State; 19

(2) each unit of local government within the ju-20

risdiction of which the facility is proposed to be lo-21

cated; and 22

(3) each affected Indian tribe. 23

(e) APPLICABILITY.—In executing this section, the 24

Secretary shall comply with— 25

51

•S 1609 PCS

(1) all licensing requirements and regulations of 1

the Nuclear Regulatory Commission; and 2

(2) all other applicable laws (including regula-3

tions). 4

(f) PILOT PROGRAM PLAN.—Not later than 120 days 5

after the date on which the Secretary issues the request 6

for proposals under subsection (c), the Secretary shall sub-7

mit to Congress a plan to carry out this section that in-8

cludes— 9

(1) an estimate of the cost of licensing, con-10

structing, and operating a consolidated storage facil-11

ity, including the transportation costs, on an annual 12

basis, over the expected lifetime of the facility; 13

(2) a schedule for— 14

(A) obtaining any license necessary to con-15

struct and operate a consolidated storage facil-16

ity from the Nuclear Regulatory Commission; 17

(B) constructing the facility; 18

(C) transporting spent fuel to the facility; 19

and 20

(D) removing the spent fuel and decom-21

missioning the facility; 22

(3) an estimate of the cost of any financial as-23

sistance, compensation, or incentives proposed to be 24

52

•S 1609 PCS

paid to the host State, Indian tribe, or local govern-1

ment; 2

(4) an estimate of any future reductions in the 3

damages expected to be paid by the United States 4

for the delay of the Department of Energy in accept-5

ing spent fuel expected to result from the pilot pro-6

gram; 7

(5) recommendations for any additional legisla-8

tion needed to authorize and implement the pilot 9

program; and 10

(6) recommendations for a mechanism to en-11

sure that any spent nuclear fuel or high-level radio-12

active waste stored at a consolidated storage facility 13

pursuant to this section shall move to deep geologic 14

disposal capacity, following a consent-based approval 15

process for that deep geologic disposal capacity con-16

sistent with subsection (d), within a reasonable time 17

after the issuance of a license to construct and oper-18

ate the consolidated storage facility. 19

(g) PUBLIC PARTICIPATION.—Prior to choosing a 20

site for the construction of a consolidated storage facility 21

under this section, the Secretary shall conduct 1 or more 22

public hearings in the vicinity of each potential site and 23

in at least 1 other location within the State in which the 24

53

•S 1609 PCS

site is located to solicit public comments and recommenda-1

tions. 2

(h) USE OF NUCLEAR WASTE FUND.—The Secretary 3

may make expenditures from the Nuclear Waste Fund to 4

carry out this section, subject to appropriations. 5

SEC. 308. Of the amounts made available by the act 6

for the ‘‘National Nuclear Security Administration— 7

Weapons Activities’’, up to $40,000,000 may be repro-8

grammed within such account for the Stockpile Respon-9

siveness Program, subject to the notice requirement in sec-10

tion 301(e). 11

SEC. 309. (a) Of the authority provided in prior year 12

appropriations Acts for commitments to guarantee loans 13

under title XVII of the Energy Policy Act of 2005, 14

$23,670,000,000 is hereby rescinded. 15

(b) Of the subsidy amounts provided by section 1425 16

of the Department of Defense and Full-Year Continuing 17

Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 18

126), for the cost of loan guarantees for renewable energy 19

or efficient end-use energy technologies under section 20

1703 of the Energy Policy Act of 2005 (42 U.S.C. 15513), 21

$160,660,000 is hereby rescinded. 22

(c) No amounts may be rescinded by this section from 23

amounts that were designated by the Congress as an 24

emergency requirement pursuant to a concurrent resolu-25

54

•S 1609 PCS

tion on the budget or the Balanced Budget and Emer-1


SEC. 310. (a) From unobligated balances available 3

from amounts appropriated in prior fiscal years for ‘‘De-4

partment of Energy—Atomic Energy Defense Activities— 5

National Nuclear Security Administration—Weapons Ac-6

tivities’’, $64,000,000 is hereby rescinded. 7

(b) No amounts may be rescinded by this section 8

from amounts that were designated by the Congress as 9

an emergency requirement pursuant to a concurrent reso-10

lution on the budget or the Balanced Budget and Emer-11


SEC. 311. (a) From unobligated balances available 13

from amounts appropriated in prior fiscal years for ‘‘De-14

partment of Energy—Atomic Energy Defense Activities— 15

National Nuclear Security Administration—Defense Nu-16

clear Nonproliferation’’, $49,000,000 is hereby rescinded. 17

(b) No amounts may be rescinded by this section 18

from amounts that were designated by the Congress as 19

an emergency requirement pursuant to a concurrent reso-20

lution on the budget or the Balanced Budget and Emer-21


SEC. 312. Notwithstanding section 161 of the Energy 23

Policy and Conservation Act (42 U.S.C. 6241), the Sec-24

retary of Energy shall draw down and sell one million bar-25

55

•S 1609 PCS

rels of refined petroleum product from the Strategic Pe-1

troleum Reserve during fiscal year 2018. Proceeds from 2

sales under this section shall be deposited into the general 3

fund of the Treasury during fiscal year 2018. 4

SEC. 313. Not later than 90 days after the date of 5

enactment of this Act, the Secretary of the Department 6

of Energy, in consultation with the Office of Management 7

and Budget, shall submit a report to the Committees on 8

Appropriations of both Houses of Congress that provides 9

a detailed explanation, using specific receipts data and 10

legal authorities, of how each of the Western Area Power 11

Administration, the Southwestern Area Power Adminis-12

tration, and the Southeastern Power Administration are 13

executing current receipt authority provided in this and 14

prior year appropriations Acts to create carryover of unob-15

ligated balances for purchase power and wheeling expendi-16

tures. 17

TITLE IV 18

INDEPENDENT AGENCIES 19

APPALACHIAN REGIONAL COMMISSION 20

For expenses necessary to carry out the programs au-21

thorized by the Appalachian Regional Development Act of 22

1965, and for expenses necessary for the Federal Co- 23

Chairman and the Alternate on the Appalachian Regional 24

Commission, for payment of the Federal share of the ad-25

56

•S 1609 PCS

ministrative expenses of the Commission, including serv-1

ices as authorized by 5 U.S.C. 3109, and hire of passenger 2

motor vehicles, $142,000,000, to remain available until ex-3

pended. 4

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 5


For expenses necessary for the Defense Nuclear Fa-7

cilities Safety Board in carrying out activities authorized 8

by the Atomic Energy Act of 1954, as amended by Public 9

Law 100–456, section 1441, $30,000,000, to remain 10

available until September 30, 2019. 11

DELTA REGIONAL AUTHORITY 12


For expenses necessary for the Delta Regional Au-14

thority and to carry out its activities, as authorized by 15

the Delta Regional Authority Act of 2000, notwith-16

standing sections 382F(d), 382M, and 382N of said Act, 17


DENALI COMMISSION 19

For expenses necessary for the Denali Commission 20

including the purchase, construction, and acquisition of 21

plant and capital equipment as necessary and other ex-22

penses, $15,000,000, to remain available until expended, 23

notwithstanding the limitations contained in section 24

306(g) of the Denali Commission Act of 1998: Provided, 25

57

•S 1609 PCS

That funds shall be available for construction projects in 1

an amount not to exceed 80 percent of total project cost: 2

Provided further, That, notwithstanding any other provi-3

sion of law regarding payment of a non-Federal share in 4

connection with a grant-in-aid program, amounts under 5

this heading shall be available for the payment of such 6

a non-Federal share for programs undertaken to carry out 7

the purposes of the Commission. 8

NORTHERN BORDER REGIONAL COMMISSION 9

For expenses necessary for the Northern Border Re-10

gional Commission in carrying out activities authorized by 11

subtitle V of title 40, United States Code, $15,000,000, 12

to remain available until expended: Provided, That such 13

amounts shall be available for administrative expenses, 14

notwithstanding section 15751(b) of title 40, United 15

States Code. 16

NUCLEAR REGULATORY COMMISSION 17


(INCLUDING RESCISSION OF FUNDS) 19

For expenses necessary for the Commission in car-20

rying out the purposes of the Energy Reorganization Act 21

of 1974 and the Atomic Energy Act of 1954, 22

$914,137,000, including official representation expenses 23

not to exceed $25,000, to remain available until expended: 24

Provided, That of the amount appropriated herein, not 25

58

•S 1609 PCS

more than $7,500,000 may be made available for salaries, 1

travel, and other support costs for the Office of the Com-2

mission, to remain available until September 30, 2019, of 3

which, notwithstanding section 201(a)(2)(c) of the Energy 4

Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 5

the use and expenditure shall only be approved by a major-6

ity vote of the Commission: Provided further, That reve-7

nues from licensing fees, inspection services, and other 8

services and collections estimated at $807,848,000 in fis-9

cal year 2018 shall be retained and used for necessary 10

salaries and expenses in this account, notwithstanding 31 11

U.S.C. 3302, and shall remain available until expended: 12

Provided further, That the sum herein appropriated shall 13

be reduced by the amount of revenues received during fis-14

cal year 2018 so as to result in a final fiscal year 2018 15

appropriation estimated at not more than $106,221,000: 16

Provided further, That of the amounts appropriated under 17

this heading, $10,000,000 shall be for university research 18

and development in areas relevant to the Commission’s 19

mission, and $5,000,000 shall be for a Nuclear Science 20

and Engineering Grant Program that will support 21

multiyear projects that do not align with programmatic 22

missions but are critical to maintaining the discipline of 23

nuclear science and engineering: Provided further, That 24

$68,076.04 of unobligated balances from the funds trans-25

59

•S 1609 PCS

ferred to the Nuclear Regulatory Commission from the 1

United States Agency for International Development pur-2

suant to section 632(a) of the Foreign Assistance Act of 3

1961 are rescinded: Provided further, That no amounts in 4

the previous proviso shall be rescinded from amounts that 5

were designated by Congress as an emergency requirement 6

pursuant to a concurrent resolution on the budget or the 7

Balanced Budget and Emergency Deficit Control Act of 8

1985. 9

OFFICE OF INSPECTOR GENERAL 10

For expenses necessary for the Office of Inspector 11

General in carrying out the provisions of the Inspector 12

General Act of 1978, $12,859,000, to remain available 13

until September 30, 2019: Provided, That revenues from 14

licensing fees, inspection services, and other services and 15

collections estimated at $10,555,000 in fiscal year 2018 16

shall be retained and be available until September 30, 17

2019, for necessary salaries and expenses in this account, 18

notwithstanding 31 U.S.C. 3302: Provided further, That 19

the sum herein appropriated shall be reduced by the 20

amount of revenues received during fiscal year 2018 so 21

as to result in a final fiscal year 2018 appropriation esti-22

mated at not more than $2,304,000: Provided further, 23

That of the amounts appropriated under this heading, 24

$1,131,000 shall be for Inspector General services for the 25

60

•S 1609 PCS

Defense Nuclear Facilities Safety Board, which shall not 1

be available from fee revenues. 2

NUCLEAR WASTE TECHNICAL REVIEW BOARD 3


For expenses necessary for the Nuclear Waste Tech-5

nical Review Board, as authorized by Public Law 100– 6

203, section 5051, $3,600,000, to be derived from the Nu-7

clear Waste Fund, to remain available until September 30, 8

2019. 9

GENERAL PROVISIONS—INDEPENDENT 10

AGENCIES 11

SEC. 401. The Nuclear Regulatory Commission shall 12

comply with the July 5, 2011, version of Chapter VI of 13

its Internal Commission Procedures when responding to 14

Congressional requests for information. 15

SEC. 402. (a) The amounts made available by this 16

title for the Nuclear Regulatory Commission may be re-17

programmed for any program, project, or activity, and the 18

Commission shall notify the Committees on Appropria-19

tions of both Houses of Congress at least 30 days prior 20

to the use of any proposed reprogramming that would 21

cause any program funding level to increase or decrease 22

by more than $500,000 or 10 percent, whichever is less, 23

during the time period covered by this Act. 24

61

•S 1609 PCS

(b)(1) The Nuclear Regulatory Commission may 1

waive the notification requirement in subsection (a) if 2

compliance with such requirement would pose a substan-3

tial risk to human health, the environment, welfare, or na-4

tional security. 5

(2) The Nuclear Regulatory Commission shall notify 6

the Committees on Appropriations of both Houses of Con-7

gress of any waiver under paragraph (1) as soon as prac-8

ticable, but not later than 3 days after the date of the 9

activity to which a requirement or restriction would other-10

wise have applied. Such notice shall include an explanation 11

of the substantial risk under paragraph (1) that permitted 12

such waiver and shall provide a detailed report to the 13

Committees of such waiver and changes to funding levels 14

to programs, projects, or activities. 15

(c) Except as provided in subsections (a), (b), and 16

(d), the amounts made available by this title for ‘‘Nuclear 17

Regulatory Commission—Salaries and Expenses’’ shall be 18

expended as directed in the report of the Committee on 19

Appropriations accompanying this Act. 20

(d) None of the funds provided for the Nuclear Regu-21

latory Commission shall be available for obligation or ex-22

penditure through a reprogramming of funds that in-23

creases funds or personnel for any program, project, or 24

62

•S 1609 PCS

activity for which funds are denied or restricted by this 1

Act. 2

(e) The Commission shall provide a monthly report 3

to the Committees on Appropriations of both Houses of 4

Congress, which includes the following for each program, 5

project, or activity, including any prior year appropria-6

tions— 7

(1) total budget authority; 8

(2) total unobligated balances; and 9

(3) total unliquidated obligations. 10

TITLE V 11

GENERAL PROVISIONS 12

SEC. 501. None of the funds appropriated by this Act 13

may be used in any way, directly or indirectly, to influence 14

congressional action on any legislation or appropriation 15

matters pending before Congress, other than to commu-16

nicate to Members of Congress as described in 18 U.S.C. 17

1913. 18

SEC. 502. (a) None of the funds made available in 19

title III of this Act may be transferred to any department, 20

agency, or instrumentality of the United States Govern-21

ment, except pursuant to a transfer made by or transfer 22

authority provided in this Act or any other appropriations 23

Act for any fiscal year, transfer authority referenced in 24

the report of the Committee on Appropriations accom-25

63

•S 1609 PCS

panying this Act, or any authority whereby a department, 1

agency, or instrumentality of the United States Govern-2

ment may provide goods or services to another depart-3

ment, agency, or instrumentality. 4

(b) None of the funds made available for any depart-5

ment, agency, or instrumentality of the United States 6

Government may be transferred to accounts funded in title 7

III of this Act, except pursuant to a transfer made by or 8

transfer authority provided in this Act or any other appro-9

priations Act for any fiscal year, transfer authority ref-10

erenced in the explanatory statement described in section 11

4 (in the matter preceding division A of this consolidated 12

Act), or any authority whereby a department, agency, or 13

instrumentality of the United States Government may 14

provide goods or services to another department, agency, 15

or instrumentality. 16

(c) The head of any relevant department or agency 17

funded in this Act utilizing any transfer authority shall 18

submit to the Committees on Appropriations of both 19

Houses of Congress a semiannual report detailing the 20

transfer authorities, except for any authority whereby a 21

department, agency, or instrumentality of the United 22

States Government may provide goods or services to an-23

other department, agency, or instrumentality, used in the 24

previous 6 months and in the year-to-date. This report 25

64

•S 1609 PCS

shall include the amounts transferred and the purposes 1

for which they were transferred, and shall not replace or 2

modify existing notification requirements for each author-3

ity. 4

This division may be cited as the ‘‘Energy and Water 5

Development and Related Agencies Appropriations Act, 6

2018’’. 7

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Documents

Calendar No. 178 TH ST CONGRESS SESSION S. 1609 Energy... · Calendar No. 178 115TH CONGRESS 1ST S ... 10 by law, $375,000,000, ... 1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM