[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4394 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 233
118th CONGRESS
1st Session
H. R. 4394
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2023
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $136,087,000 (reduced
by $1,000,000) (increased by $1,000,000) (increased by $10,000,000)
(reduced by $10,000,000), to remain available until expended:
Provided, That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations of both
Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,889,942,000 (increased by $1,746,000,000) (reduced by
$1,746,000,000) (increased by $10,000,000) (reduced by $10,000,000), to
remain available until expended; of which $74,152,000, to be derived
from the Harbor Maintenance Trust Fund, shall be to cover the Federal
share of construction costs for facilities under the Dredged Material
Disposal Facilities program; and of which such sums as are necessary to
cover 35 percent of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects shall be
derived from the Inland Waterways Trust Fund, except as otherwise
specifically provided for in law: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $364,349,000, to remain
available until expended, of which $5,457,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
For expenses necessary 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 harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $5,496,622,000 (increased by $3,000,000)
(reduced by $3,000,000), to remain available until expended, of which
$2,691,391,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of eligible operations and
maintenance costs for coastal harbors and channels, and for inland
harbors; of which such sums as become available from the special
account for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $58,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph (2)
of section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136): Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $218,000,000, to remain
available until September 30, 2025.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $200,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, typhoon,
and other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized by
law, $40,000,000 (reduced by $1,000,000) (increased by $1,000,000)
(increased by $1,500,000), to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support 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 allocable to the civil works
program, $215,000,000 (increased by $1,500,000), to remain available
until September 30, 2025, of which not to exceed $5,000 may be used for
official reception and representation purposes and only during the
current fiscal year: Provided, That no part of any other appropriation
provided in this title shall be available to fund the civil works
activities of the Office of the Chief of Engineers or the civil works
executive direction and management activities of the division offices:
Provided further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other activities
in response to any flood, hurricane, typhoon, or other natural
disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2025: Provided, That not more than 25
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the report accompanying this Act to
specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and guaranteed
loan programs authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until September
30, 2025.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2024, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the report accompanying this Act.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $8,200,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 109. The rule submitted by the Department of the Army, Corps
of Engineers, Department of Defense, and the Environmental Protection
Agency relating to ``Revised Definition of `Waters of the United
States''' (88 Fed. Reg. 3004 (January 18, 2023)) shall have no force or
effect.
Sec. 110. As of the date of enactment of this Act and each fiscal
year thereafter, the Secretary of the Army shall not promulgate or
enforce any regulation that prohibits an individual from possessing a
firearm, including an assembled or functional firearm, at a water
resources development project covered under section 327.0 of title 36,
Code of Federal Regulations (as in effect on the date of enactment of
this Act) if:
(1) the individual is not otherwise prohibited by law from
possessing a firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
Sec. 111. None of the funds made available by this Act or any
other Act in any fiscal year may be used to alter the eligibility
requirements for assistance under section 5 of the Act of August 18,
1941 (33 U.S.C. 701n) in effect on November 14, 2022, without express
authorization by Congress.
Sec. 112. Notwithstanding any other requirement, unobligated
balances from amounts made available under the heading ``Corps of
Engineers--Civil--Construction'' in division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) for which spend plan
allocations have not been announced as of the date of enactment of this
Act may be made available for projects, regardless of project purpose,
that have previously received funds under the heading ``Corps of
Engineers--Civil--Construction'' in the Bipartisan Budget Act of 2018
(Public Law 115-123) and for which non-Federal interests have entered
into binding agreements with the Secretary as of the date of enactment
of this Act: Provided, That projects receiving Infrastructure
Investment and Jobs Act (Public Law 117-58) funding pursuant to this
section shall be subject only to the terms and conditions of the
Bipartisan Budget Act of 2018 (Public Law 115-123): Provided further,
That amounts repurposed pursuant to this section 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.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $4,650,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,750,000 shall be available until
September 30, 2025, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2024, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,990,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,693,366,000 (increased by $2,000,000) (increased by
$4,000,000) (increased by $500,000) (increased by $1,000,000), to
remain available until expended, of which $1,051,000 (increased by
$2,000,000) shall be available for transfer to the Upper Colorado River
Basin Fund and $7,584,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That $500,000 shall be 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 (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or decreased
within the overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts made available under this heading,
$5,500,000 shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of appendix D of
Public Law 106-554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall be
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall be
for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public Law
114-322 and as recommended by the Secretary in letters dated February
13, 2019, June 22, 2020, and December 3, 2020, funding provided for
such purpose in this and prior fiscal years shall be made available to
the Shasta Dam and Reservoir Enlargement Project.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in fiscal
year 2024 in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of Calfed Program management: Provided further,
That Calfed implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2025, $65,079,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377,
of which not to exceed $5,000 may be used for official reception and
representation expenses: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase and replacement of not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2024, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``House Recommended'' columns
in the ``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report accompanying
this Act.
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,994,000,000
(reduced by $1,000,000,000), to remain available until expended:
Provided, That of such amount, $223,000,000 shall be available until
September 30, 2025, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $200,000,000 (increased by $5,000,000) (reduced by
$5,000,000) (reduced by $7,000,000) (increased by $7,000,000), to
remain available until expended: Provided, That of such amount,
$25,143,000 shall be available until September 30, 2025, for program
direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $315,600,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall be
available until September 30, 2025, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,783,000,000, to remain available until
expended. Provided, That of such amount, $85,500,000 shall be
available until September 30, 2025, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``House Recommended''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the report accompanying this
Act.
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management research and development activities, under
the authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $857,904,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until September 30,
2025, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,010,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $280,969,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,150,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $341,700,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2024 pursuant to section
309 of title III of division C of Public Law 116-94 are appropriated,
to remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$865,208,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$10,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
$8,100,000,000, to remain available until expended: Provided, That of
such amount, $211,211,000 shall be available until September 30, 2025,
for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $12,040,000, to
remain available until expended, which shall be derived from the
Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $22,098,000, to remain available
until expended: Provided, That of such amount, $13,183,000 shall be
available until September 30, 2025, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses necessary to carry out program
direction of the Office of Clean Energy Demonstrations, $35,000,000, to
remain available until September 30, 2025.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $470,000,000, to remain available until expended:
Provided, That of such amount, $37,000,000 shall be available until
September 30, 2025, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $70,000,000 (reduced by
$3,000,000) (increased by $3,000,000) is appropriated, to remain
available until September 30, 2025: Provided further, That up to
$70,000,000 of fees collected in fiscal year 2024 pursuant to section
1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2025: Provided further, That to the
extent that fees collected in fiscal year 2024 exceed $70,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2024 (estimated at
$70,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2024 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $13,000,000, to remain available until September 30, 2025.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to
remain available until September 30, 2025.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2025, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$383,578,000 (reduced by $2,000,000) (reduced by $4,000,000) (reduced
by $500,000) (reduced by $1,000,000), to remain available until
September 30, 2025, including the hire of passenger motor vehicles and
official reception and representation expenses not to exceed $30,000,
plus such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.):
Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That moneys
received by the Department for miscellaneous revenues estimated to
total $100,578,000 in fiscal year 2024 may be retained and used for
operating expenses within this account, as authorized by section 201 of
Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to result in a
final fiscal year 2024 appropriation from the general fund estimated at
not more than $283,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$92,000,000, to remain available until September 30, 2025.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $19,114,167,000
(increased by $3,000,000), to remain available until expended:
Provided, That of such amount, $118,056,000 shall be available until
September 30, 2025, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,380,037,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,946,049,000,
to remain available until expended, of which $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $61,540,000 shall be available until September 30, 2025, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $518,994,000 (reduced by
$3,000,000), to remain available until September 30, 2025, including
official reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $7,073,556,000, to
remain available until expended: Provided, That of such amount,
$326,893,000 shall be available until September 30, 2025, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,075,197,000, to remain available until expended:
Provided, That of such amount, $381,460,000 shall be available until
September 30, 2025, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2024, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,449,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $8,449,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2024 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$71,850,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $52,326,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $40,886,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $11,440,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $313,289,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $313,289,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $213,417,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $99,872,000, of which $99,872,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,425,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,197,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2024 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2024, the
Administrator of the Western Area Power Administration may accept up to
$1,872,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $520,000,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $520,000,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2024 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2024 so as to result in a
final fiscal year 2024 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including rescissions and transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``House
Recommended'' column in the ``Department of Energy'' table included
under the heading ``Title III--Department of Energy'' in the report
accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same 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.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2024 until the enactment of the Intelligence
Authorization Act for fiscal year 2024.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
Sec. 306. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce an energy efficiency
standard that increases efficiency standards on distribution
transformers, including the proposed rule entitled ``Energy
Conservation Program: Energy Conservation Standards for Distribution
Transformers'' published by the Department of Energy in the Federal
Register on January 11, 2023 (88 Fed. Reg. 1722) or any substantially
similar rule.
Sec. 308. Notwithstanding section 301(c) of this Act, none of the
funds made available under the heading ``Department of Energy--Energy
Programs--Science'' may be used for a multiyear contract, grant,
cooperative agreement, or Other Transaction Agreement of $5,000,000 or
less unless the contract, grant, cooperative agreement, or Other
Transaction Agreement is funded for the full period of performance as
anticipated at the time of award.
Sec. 309. (a) Of the unobligated balances of amounts made available
to the Department of Energy under each heading in title III of division
J of Public Law 117-58, an amount equal to the amount transferred from
each such heading as of the date of enactment of this Act pursuant to
section 303 of Public Law 117-58 shall be transferred on October 1,
2023, to the Office of the Inspector General of the Department of
Energy to oversee the funds made available to the Department of Energy
in Public Law 117-58: 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.
(b) Beginning on October 1, 2023, of the amounts made available to
the Department of Energy under each of sections 50121, 50141, 50142,
50143, 50144, 50145, 50151, 50152, 50153, and 50161 of Public Law 117-
169, two-tenths of one percent of such amounts 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 Public
Law 117-169: Provided, That amounts so transferred shall be derived
from the unobligated balances of amounts under each such section.
(c) Section 303 of Public Law 117-58 is amended by--
(1) striking ``One-tenth'' and inserting ``(a) Except as
provided in subsection (b), one-tenth''; and
(2) adding at the end the following new provision:
``(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.''
Sec. 310. (a) Notwithstanding sections 161 and 167 of the Energy
Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of
Energy shall draw down and sell one million barrels of refined
petroleum product from the Strategic Petroleum Reserve during fiscal
year 2024.
(b) All proceeds from such sale shall be deposited into the general
fund of the Treasury during fiscal year 2024.
(c) Upon the completion of such sale, the Secretary shall carry out
the closure of the Northeast Gasoline Supply Reserve.
(d)(1) The Secretary of Energy may not establish any new regional
petroleum product reserve unless funding for the proposed regional
petroleum product reserve is explicitly requested in advance in an
annual budget submission and approved by the Congress in an
appropriations Act.
(2) The budget request or notification shall include--
(A) the justification for the new reserve;
(B) a cost estimate for the establishment,
operation, and maintenance of the reserve, including
funding sources;
(C) a detailed plan for operation of the reserve,
including the conditions upon which the products may be
released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the
reserve.
Sec. 311. Of the authority made available in Public Law 117-328
for the Title 17 Innovative Technology Loan Guarantee Program for
commitments to guarantee loans for eligible projects under title XVII
of the Energy Policy Act of 2005, a total principal of $15,000,000,000
is hereby permanently rescinded.
Sec. 312. (a) Of the unobligated balances from amounts made
available in section 50131 of Public Law 117-169, $1,000,000,000 are
hereby permanently rescinded.
(b) Of the unobligated balances from amounts made available in
section 50122 of Public Law 117-169, $4,500,000,000 are hereby
permanently rescinded.
(c) Of the unobligated balances from amounts made available in
section 50123 of Public Law 117-169, $200,000,000 are hereby
permanently rescinded.
Sec. 313. None of the funds appropriated or otherwise made
available by this Act may be expended to support the Department of
Energy Justice40 initiative as defined by or required by Executive
Order 14008.
Sec. 314. None of the funds made available by this Act may be used
to draw down and sell petroleum products from the Strategic Petroleum
Reserve (1) to any entity that is under the ownership, control, or
influence of the Chinese Communist Party; or (2) except on condition
that such petroleum products will not be exported to the People's
Republic of China.
Sec. 315. The funds made available to the Department of Energy in
this Act shall be applied in a manner consistent with subtitle D of
title VI of the Research and Development, Competition, and Innovation
Act (enacted as division B of the CHIPS Act of 2022 (Public Law 117-
167; 42 U.S.C. 19231 et seq.)).
Sec. 316. (a) Of the unobligated amounts available under the
heading ``Department of Energy--Energy Programs--Nuclear Energy'' in
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) for fiscal years 2024, 2025, and 2026, the following are
available, in addition to amounts otherwise made available for these
purposes:
(1) (A) $2,400,000,000 for Advanced Nuclear Fuel
Availability, of which $800,000,000, to remain available until
expended, shall be available in each of fiscal years 2024,
2025, 2026.
(B) Funds available under subparagraph (A) shall
only be available if a law is enacted after May 1,
2023, that specifically authorizes a program for the
Secretary of Energy to support the availability of low-
enriched uranium, including high-assay low-enriched
uranium, for civilian domestic research, development,
demonstration, and commercial use.
(2) $1,197,000,000 to carry out the ongoing demonstration
project under the Advanced Small Modular Reactor RD&D program,
of which $399,000,000, to remain available until expended,
shall be available in each of fiscal years 2024, 2025, and
2026.
(b) Amounts repurposed pursuant to this paragraph 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.
Sec. 317. None of the funds made available in this title may be
used to finalize, implement, administer, or enforce the proposed rule
titled ``Energy Conservation Program: Energy Conservation Standards for
Consumer Conventional Cooking Products; Supplemental Notice of Proposed
Rulemaking and announcement of public meeting'' (88 Fed. Reg. 6818;
published February 1, 2023) with respect to energy conservation
standards for gas kitchen ranges and ovens, or any substantially
similar rule, including any rule that would directly or indirectly
limit consumer access to gas kitchen ranges or ovens.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for
expenses necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $45,000,000, to
remain available until September 30, 2025, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $31,100,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $17,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not
the sole or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $40,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $20,000,000, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying
out activities authorized by subtitle V of title 40, United States
Code, $5,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $960,560,450 (reduced by $1,000,000) (increased by
$1,000,000), including official representation expenses not to exceed
$30,000, to remain available until expended: Provided, That of the
amount appropriated herein, not more than $10,350,720 may be made
available for salaries, travel, and other support costs for the Office
of the Commission, to remain available until September 30, 2025:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $807,727,130
in fiscal year 2024 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at not more than $152,833,320.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$18,648,340, to remain available until September 30, 2025: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $15,481,566 in fiscal year 2024
shall be retained and be available until September 30, 2025, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2024 so as to result in a final fiscal year
2024 appropriation estimated at not more than $3,166,774: Provided
further, That of the amounts appropriated under this heading,
$1,534,900 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $4,064,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2025.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the report accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V--WATER FOR CALIFORNIA
Sec. 501. Definitions.
In Subtitle A through Subtitle D, the following definitions apply:
(1) Cvp.--The term ``CVP'' means the Central Valley
Project.
(2) Cvp contractor.--The term ``CVP contractor'' means any
public water agency, water user organization, or person that
has entered into a contract with the United States for water
service from the CVP, whether in the form of a water service
contract, repayment contract, water rights settlement contract,
exchange contract, or refuge contract.
(3) Fws biological opinion.--The term ``FWS Biological
Opinion'' means the United States Fish and Wildlife Service
``Biological Opinion for the Reinitiation of Consultation on
the Coordinated Operations of the Central Valley Project and
State Water Project'' (Service File No. 08FBTD00-2019-F-0164)
signed on October 21, 2019.
(4) Noaa biological opinion.--The term ``NOAA Biological
Opinion'' means the National Oceanic and Atmospheric
Administration Fisheries ``Biological Opinion on the Long-term
Operation of the Central Valley Project and the State Water
Project'' (Consultation Tracking Number: WCRO-2016-00069)
signed on October 21, 2019.
(5) Preferred alternative.--The term ``Preferred
Alternative'' means the Alternative 1 (Preferred Alternative),
as described in the Final Environmental Impact Statement on the
Reinitiation of Consultation on the Coordinated Long-Term
Operation of the Central Valley Project and the State Water
Project, issued by the Bureau of Reclamation, and dated
December 2019.
(6) Swp.--The term ``SWP'' means the California State Water
Project.
(7) Swp contractor.--The term ``SWP contractor'' means a
public agency that has entered into a long-term water supply
contract with the California Department of Water Resources for
water service from the SWP.
Sec. 502. Treatment of Funds.
Amounts repurposed pursuant to this title 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.
Subtitle A--CVP and SWP Operations
Sec. 511. Operation of the CVP and SWP.
(a) Congressional Direction Regarding Cvp and Swp Operations.--The
CVP and the SWP shall be operated, and reporting shall be done, in
accordance with the Preferred Alternative and FWS Biological Opinion
and NOAA Biological Opinion.
(b) Exceptions.--Operation of the CVP and SWP shall proceed
pursuant to subsection (a) of this section, except:
(1) to the extent changes to operations are undertaken
pursuant to one or more agreements, which are voluntarily
entered into, approved, and implemented by CVP contractors, for
operations of the CVP, and SWP contractors, for operations of
the SWP, with all applicable Federal departments and the State
of California, including any agency or board of the State of
California; or
(2) to the extent changes in operations of the CVP, SWP, or
both can be made while improving the supply of water available
to CVP contractors, SWP contractors, or both.
(c) Costs.--No cost, including water supply, financial,
mintigation-related, or otherwise, associated with the implementation
of any agreement under subsection (b)(1) or the implementation of any
reoperation under subsection (b)(2) shall be imposed by any Federal
department or agency or the State of California, including any agency
or board of the State of California, directly or indirectly on any CVP
contractor, SWP contractor, or any other person or entity, unless such
costs are incurred on a voluntary basis.
(d) No Redirected Adverse Impacts.--The Secretary of the Interior
and Secretary of Commerce shall not carry out any specific action
authorized under the applicable provisions of this subtitle that would
directly or through State agency action indirectly result in the
involuntary reduction of water supply to an individual, district, or
agency that has in effect a contract for water with the SWP or the CVP,
including settlement, exchange, and refuge contracts, and Friant
Division contracts.
(e) Endangered Species Act.--Notwithstanding subsection (b),
implementation of subsection (a) shall not conflict with the FWS
Biological Opinion and the NOAA Biological Opinion.
(f) Native Species Protection.--The State of California shall not
impose any bag, catch, or size restriction or limit on the take or
harvest of striped bass or any species of black bass, including
largemouth bass, smallmouth bass, and spotted bass, that occupy the
Sacramento-San Joaquin Rivers Delta or its tributaries.
Sec. 512. Operations and Reviews.
In carrying out section 511(a), the Secretary of the Interior and
the Secretary of Commerce shall implement their statutory authorities
in a manner that improves water supply reliability and enables the CVP
and SWP to provide the maximum quantity of water supplies practicable
to CVP agricultural, municipal, and industrial contractors, water
service or repayment contractors, water rights settlement contractors,
exchange contractors, refuge contractors, and SWP contractors, in
accordance with the Preferred Alternative, NOAA Biological Opinion, and
FWS Biological Opinion.
Sec. 513. Application of State Laws.
(a) Reduced Water Supply.--If, as a result of the application of
applicable State law or regulation, the State of California (including
any agency or board of the State of California) alters operation of the
SWP in a manner that directly or indirectly results in reduced water
supply to the SWP as compared with the water supply available under the
Preferred Alternative, and as a result, CVP yield is greater than it
otherwise would have been under the Preferred Alternative, then that
additional yield shall be made available to the SWP for delivery to SWP
Contractors to offset that reduced water supply. If it is necessary to
reduce water supplies for any authorized uses of the CVP or CVP
Contractors to make available to the SWP that additional yield, such
reductions shall be applied proportionately to those authorized uses or
CVP contractors that benefit from that increased yield.
(b) No Restriction of Certain Water Rights.--The State of
California (including any agency or board of the State of California)
shall not restrict the exercise of any water right obtained pursuant to
State law, including but not limited to a pre-1914 appropriative right
or riparian right in order to offset any impact resulting from the
implementation of this subtitle on any species affected by operations
of the CVP or the SWP.
(c) No Involuntary Water Reduction.--The State of California
(including any agency or board of the State of California), the
Secretary of the Interior and Secretary of Commerce shall not take any
action related to operation of the CVP or SWP that would directly or
indirectly result in the involuntary reduction of water supply to any
CVP agricultural, municipal and industrial contractor, water service or
repayment contractor, water rights settlement contractor, exchange
contractor, refuge contractor or any SWP contractor, as compared to the
water supply available under the Preferred Alternative; and nothing in
this section is intended to modify, amend, or affect any of the rights
and obligations of the parties to such contracts.
Sec. 514. Reconsultation of NOAA biological opinion and FWS
biological opinion.
(a) Requirement for Reconsultation.--
(1) Requirement.--Unless action is taken pursuant to
section 101(b), neither the Secretary of the Interior, acting
through the Commissioner of the Bureau of Reclamation, nor the
Secretary of Commerce, or their designees shall commence,
complete, or request reinitiation of consultation on the
coordinated long-term operation of the Central Valley Project
and the State Water Project that will result in changes to or
the replacement of the documents listed in paragraph (2)
unless--
(A) more than 75 percent of California has
experienced 4 consecutive years of D3 or D4 level
drought, as defined by the U.S. Drought Monitor;
(B) the Commissioner of the Bureau of Reclamation
identifies one specific factor or combination of
factors under section 402.16 of title 50, Code of
Federal Regulations; and
(C) not fewer than 120 days before officially
commencing or requesting reinitiation, the Secretary of
the Interior notifies the Committee on Natural
Resources of the House of Representatives, and the
Committee on Energy and Natural Resources of the
Senate, in writing, of--
(i) the intent to commence or request
reinitiation under this section; and
(ii) the detailed justification for the
identification of the specific factor or
combination of factors under section 402.16 of
title 50, Code of Federal Regulations, that was
identified to satisfy the requirement in
subparagraph (B).
(2) Documents.--The documents referred to in paragraph (1)
are the following:
(A) The FWS Biological Opinion.
(B) The NOAA Biological Opinion.
(C) The Record of Decision for the Reinitiation of
Consultation on the Coordinated Long-Term Modified
Operations of the Central Valley Project and State
Water Project, signed on February 18, 2020.
(b) Applicable Procedures and Review.--For the purposes of this
Act, before reinitiating consultation on the Long-Term Operation of the
CVP and SWP, a request by the Secretary of the Interior, the Secretary
of the Commerce, or any other Federal employee, to reinitiate
consultation shall be made in writing and considered a rule under
section 551 of title 5, United States Code, and subject to the
requirements of sections 801 through 808 of that title.
(c) Cooperation.--In implementing this section, the Secretary of
the Interior and the Secretary of Commerce shall comply with
requirements included in section 4004 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322).
(d) Exclusion.--Notwithstanding subsection (b), in implementing
this section, section 801(b)(2) of title 5, United States Code, shall
not apply.
Sec. 515. Sunset.
Sections 511 through 514 shall have no force or effect on and after
the date that is 7 years after the date of the enactment of this Act.
Sec. 516. Consultation on coordinated operations.
The Water Infrastructure Improvements for the Nation Act (Public
Law 114-322) is amended--
(1) in section 4004(a)--
(A) in the matter preceding paragraph (1), strike
``public water agency that contracts'' and insert
``contractor'';
(B) in paragraph (1), by inserting ``or proposed
action'' after ``biological assessment,'';
(C) in paragraph (2), by inserting ``or proposed
action'' after ``biological assessment,'';
(D) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(E) after paragraph (2), by inserting the following
new paragraph:
``(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;''; and
(F) in paragraph (7), as redesignated by
subparagraph (C) of this paragraph--
(i) in the matter preceding subparagraph
(A), by inserting ``action agency proposes a
proposed action or'' before ``the consulting
agency'';
(ii) in subparagraph (A), by inserting
``proposed action or'' before ``alternative
will''; and
(iii) in subparagraph (B), by striking
``alternative actions'' and insert ``actions or
alternatives''; and
(2) in section 4013, by deleting ``section 4004, which
shall expire 10 years after the date of its enactment;'' and
inserting ``section 4004, which shall expire on December 16,
2033;''.
Subtitle B--Allocations for Sacramento Valley Contractors
Sec. 521. Definitions.
In this subtitle, the following definitions apply:
(1) The term ``existing CVP agricultural water service or
repayment contractor within the Sacramento River Watershed''
means any water service or repayment contractor within the
Shasta, Trinity, or Sacramento River division of the CVP that
has in effect a water service or repayment contract on the date
of enactment of this title that provides water for irrigation.
(2) The terms ``Above Normal'', ``Below Normal'', ``Dry'',
and ``Wet'', with respect to a year, have the meanings given
those terms in the Sacramento Valley Water Year Type (40-30-30)
Index.
Sec. 522. Allocations of water.
Subject to section 523, the Secretary of the Interior shall make
every reasonable effort in the operation of the CVP to allocate water
provided for irrigation purposes to each existing CVP agricultural
water service contractor within the Sacramento River Watershed in
accordance with the following:
(1) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Wet year.
(2) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in an Above Normal year.
(3) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Below Normal year that is
preceded by an Above Normal or Wet year.
(4) Not less than 50 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Dry year that is preceded
by a Below Normal, Above Normal, or Wet year.
(5) In any other year not identified in paragraphs (1)
through (4), not less than twice the allocation percentage to
south-of-Delta CVP agricultural water service contractors, up
to 100 percent.
Sec. 523. Protection of refuge, municipal and industrial, and other
contractors.
Nothing in section 522 shall--
(1) adversely affect any protections for the environment,
including the obligation of the Secretary of the Interior to
make water available to managed wetlands pursuant to section
3406(d) of the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575; 106 Stat. 4722);
(2) adversely affect any obligation of the Secretary of the
Interior or the Secretary of Commerce under the FWS Biological
Opinion or the NOAA Biological Opinion;
(3) modify any provision of a water service contract that
addresses municipal or industrial water shortage policies of
the Secretary of the Interior;
(4) affect or limit the authority of the Secretary of the
Interior to adopt or modify municipal and industrial water
shortage policies;
(5) constrain, govern, or affect, directly or indirectly,
the operations of the American River division of the CVP or any
deliveries from that division or a unit or facility of that
division; or
(6) affect any allocation to a CVP municipal or industrial
water service contractor by increasing or decreasing
allocations to the contractor, as compared to the allocation
the contractor would have received absent section 522.
Sec. 524. Other contractors.
Nothing in section 522 shall--
(1) affect the priority of any individual or entity with a
Sacramento River settlement contract over water service or
repayment contractors;
(2) affect the United States ability to deliver water to
the San Joaquin River exchange contractors from the Sacramento
River and the Delta via the Delta-Mendota Canal or modify or
amend the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States, Department
of the Interior, Bureau of Reclamation and Central California
Irrigation District, San Luis Canal Company, Firebaugh Canal
Water District and Columbia Canal Company;
(3) affect the allocation of water to Friant division
contractors of the CVP;
(4) result in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant division;
(5) result in the involuntary reduction in water
allocations to refuge contractors; or
(6) authorize any actions inconsistent with State water
rights law.
Subtitle C--Infrastructure
Sec. 531. Shasta reservoir enlargement project.
Section 40902(a)(2) of the Infrastructure Investment and Jobs Act
(Public Law 117-58) is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``this Act, except for any project for which--'' and
inserting ``this Act; or''; and
(B) by striking clauses (i) and (ii); and
(2) in subparagraph (C), by striking ``(except that
projects described in clauses (i) and (ii) of subparagraph (B)
shall not be eligible)''.
Sec. 532. Water supply plan; projects.
(a) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Commissioner of the Bureau of Reclamation shall
develop a water deficit report, which shall identify--
(1) projected water supply shortages in the State of
California for irrigation water service, municipal and
industrial water service, water supply for wildlife refuges
supplied by the CVP or the SWP; and
(2) infrastructure projects or actions which, if taken,
would--
(A) significantly reduce or eliminate the projected
water supply shortage; or
(B) fulfill water allocations consistent with
agricultural, municipal and industrial contractors,
water service or repayment contractors, water rights
settlement contractors, exchange contractors, and SWP
contractors with water delivery contractors on the CVP
and SWP.
(b) Report to Congress.--The Commissioner of the Bureau of
Reclamation shall provide a report described in subsection (a) to the
House Committee on Appropriations, the Senate Committee on
Appropriations, the House Committee on Natural Resources, the Senate
Committee on Energy, and the Senate Committee on Natural Resources upon
its completion.
Sec. 533. Conservation fish hatcheries.
Section 4010(b)(5) of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322) is amended by adding at the end the
following:
``(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.''.
Sec. 534. Storage; duration.
(a) Storage.--Section 4007 of the Water Infrastructure Improvements
for the Nation Act (Public Law 114-322) is amended--
(1) in subsection (b)(1), by striking ``or any public
agency organized pursuant to State law'' and inserting ``any
public agency organized pursuant to State law, or any
stakeholder''; and
(2) in subsection (i), by striking ``January 1, 2021'' and
inserting ``January 1, 2028''.
(b) Duration.--Section 4013 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) is amended--
(1) in paragraph (1), by striking ``and'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) section 4007, which (except as provided in paragraph
(3)), shall expire on December 31, 2028; and''.
Sec. 535. Shasta dam enlargement
No provision of State law shall preclude or otherwise prevent any
public water agency, including a public agency of the State, that
contracts for the delivery of CVP water from assisting or cooperating
with, whether by loan, grant, license, or otherwise, the planning and
construction of any project undertaken by the Bureau of Reclamation to
enlarge Shasta Dam.
Subtitle D--CVPIA Actions
Sec. 541. CVPIA restoration actions.
(a) Refuge Water Supply Program.--Not later than 2 years after the
date of enactment of this Act, the Secretary of the Interior shall
complete the refuge water supply program under section 3406(d) of the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4722) and shall, within that 2-year period, give
priority to completing the refuge water supply program when making
funding decisions from the Central Valley Project Restoration Fund
established under section 3407 of the Central Valley Project
Improvement Act (106 Stat. 4726), the Infrastructure Investment and
Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act
(Public Law 88-578), and other sources of funding.
(b) Restoration Actions Deemed Complete.--Upon completion of the
refuge water supply program pursuant to subsection (a), or September
30, 2025, whichever occurs first, the Secretary of the Interior shall
deem complete the fish, wildlife, and habitat mitigation and
restoration actions mandated under section 3406 of the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575; 106 Stat.
4714).
Subtitle E--Water Supply Permitting Coordination Act
Sec. 551. Definitions.
In this subtitle:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 503(c).
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States covered
under the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.) constructed on lands administered by the
Department of the Interior or the Department of Agriculture,
exclusive of any easement, right-of-way, lease, or any private
holding, if the project applicant or sponsor elects to
participate in the process authorized by this title. Such term
shall also include State-led projects (as defined in section
4007(a)(2) of the WIIN Act) for new surface water storage
projects in the States covered under the Act of June 17, 1902
(32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.) constructed on
lands administered by the Department of the Interior or the
Department of Agriculture, exclusive of any easement, right-of-
way, lease, or any private holding, unless the project
applicant elects not to participate in the process authorized
by this title.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Sec. 552. Establishment of lead agency and cooperating agencies.
(a) Establishment of Lead Agency.--The Bureau is established as the
lead agency for purposes of coordinating all reviews, analyses,
opinions, statements, permits, licenses, or other approvals or
decisions required under Federal law to construct qualifying projects.
(b) Identification and Establishment of Cooperating Agencies.--The
Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency in
regards to the qualifying project unless that agency responds
to the Bureau in writing, within a timeframe set forth by the
Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect
to the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated therewith; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of such a
project or make any decision with respect to such
project in a manner other than in cooperation with the
Bureau.
(c) State Authority.--A State in which a qualifying project is
being considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this subtitle all
State agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing
a permit, license, or approval for the qualifying
project.
Sec. 553. Bureau responsibilities.
(a) In General.--The principal responsibilities of the Bureau under
this subtitle are--
(1) to serve as the point of contact for applicants, State
agencies, Indian Tribes, and others regarding proposed
qualifying projects;
(2) to coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) to coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the following
coordination responsibilities:
(1) Preapplication coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30 days
after receipt of a proposal and facilitate a preapplication
meeting for prospective applicants, relevant Federal and State
agencies, and Indian Tribes--
(A) to explain applicable processes, data
requirements, and applicant submissions necessary to
complete the required Federal agency reviews within the
timeframe established; and
(B) to establish the schedule for the qualifying
project.
(2) Consultation with cooperating agencies.--Consult with
the cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely manner,
and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant
and cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies
under applicable laws and regulations;
(B) the resources available to the cooperating
agencies and the non-Federal qualifying project
sponsor, as applicable;
(C) the overall size and complexity of the
qualifying project;
(D) the overall schedule for and cost of the
qualifying project; and
(E) the sensitivity of the natural and historic
resources that may be affected by the qualifying
project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies make
necessary decisions, within their respective authorities,
regarding Federal approvals in accordance with the following
timelines:
(A) Not later than 1 year after acceptance of a
completed project application when an environmental
assessment and finding of no significant impact is
determined to be the appropriate level of review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Not later than 1 year and 30 days after the
close of the public comment period for a draft
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), when an environmental impact statement is
required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the cooperating agencies as the basis for agency
decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law, make
available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority to
oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be responsible
for ensuring fulfillment of all Bureau responsibilities set
forth in this section and all cooperating agency
responsibilities under section 554.
Sec. 554. Cooperating agency responsibilities.
(a) Adherence to Bureau Schedule.--
(1) Timeframes.--On notification of an application for a
qualifying project, the head of each cooperating agency shall
submit to the Bureau a timeframe under which the cooperating
agency reasonably will be able to complete the authorizing
responsibilities of the cooperating agency.
(2) Schedule.--
(A) Use of timeframes.--The Bureau shall use the
timeframes submitted under this subsection to establish
the project schedule under section 504.
(B) Adherence.--Each cooperating agency shall
adhere to the project schedule established by the
Bureau under subparagraph (A).
(b) Environmental Record.--The head of each cooperating agency
shall submit to the Bureau all environmental review material produced
or compiled in the course of carrying out activities required under
Federal law, consistent with the project schedule established by the
Bureau under subsection (a)(2).
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the head of each cooperating agency shall submit all
relevant project data to the Bureau in a generally accessible
electronic format, subject to the project schedule established by the
Bureau under subsection (a)(2).
Sec. 555. Funding to process permits.
(a) In General.--The Secretary, after public notice in accordance
with subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
may accept and expend funds, to the extent provided in advance in
appropriations Acts, contributed by a non-Federal public entity to
expedite the evaluation of a permit of that entity related to a
qualifying project.
(b) Effect on Permitting.--
(1) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau of the region in which the qualifying project or
activity is located (or a designee); and
(B) use the same procedures for decisions that
would otherwise be required for the evaluation of
permits for similar projects or activities not carried
out using funds authorized under this section.
(2) Impartial decision making.--In carrying out this
section, the Secretary shall ensure that the use of the funds
accepted under this section for a qualifying project shall
not--
(A) substantively or procedurally impact impartial
decision making with respect to the issuance of
permits; or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of the cooperating
agency.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(1)(A).
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this section
are made available to the public, including on the internet.
TITLE VI
GENERAL PROVISIONS
(including transfer of funds)
Sec. 601. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 602. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report
accompanying this Act, or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 603. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 604. (a) No federal monies shall be expended in furtherance of
any agreement among private entities for consolidated interim storage
of spent nuclear fuel that is not specifically authorized under federal
law until such time that host state and local governments and any
affected Indian tribes have formalized their consent.
(b) Provided that the prohibition provided for in this section
shall not apply to facilities presently storing commercial spent
nuclear fuel, pursuant to an NRC license, as of the date of enactment
of this Act.
(c) For purposes of this section, ``spent nuclear fuel'' shall have
the same meaning as provided in section 2 of the Nuclear Waste Policy
Act of 1982.
Sec. 605. None of the funds made available by this Act may be used
to carry out any program, project, or activity that promotes or
advances Critical Race Theory or any concept associated with Critical
Race Theory.
Sec. 606. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
apply, enforce, or carry out the Equity Action Plan of the Department
of Energy, or Executive Order 13985 of January 20, 2021 (86 Fed. Reg.
7009, relating to advancing racial equity and support for underserved
communities through the Federal Government), Executive Order 14035 of
June 25, 2021 (86 Fed. Reg. 34593, relating to diversity, equity,
inclusion, and accessibility in the Federal workforce), or Executive
Order 14091 of February 16, 2023 (88 Fed. Reg. 10825, relating to
further advancing racial equity and support for underserved communities
through the Federal Government).
Sec. 607. (a) In general.--Notwithstanding section 7 of title 1,
United States Code, section 1738C of title 28, United States Code, or
any other provision of law, none of the funds provided by this Act, or
previous appropriations Acts, shall be used in whole or in part to take
any discriminatory action against a person, wholly or partially, on the
basis that such person 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.
(b) Discriminatory action defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
Sec. 608. None of the funds made available by this Act may be used
to finalize, implement, administer, apply, or enforce the proposed rule
entitled ``Energy Conservation Program: Energy Conservation Standards
for Residential Clothes Washers'' published by the Department of Energy
in the Federal Register on March 3, 2023 (88 Fed. Reg. 13520), or any
substantively similar rule.
Sec. 609. None of the funds made available by this Act may be used
to implement, administer, apply, enforce, or carry out any diversity,
equity, and inclusion office, program, or training.
Sec. 610. None of the funds made available by this Act may be used
to implement or enforce section 370 of Public Law 116-283 with respect
to civil works projects.
Sec. 611. None of the funds made available by this Act may be used
by the Department of Energy to award any grant, contract, subcontract,
award, loan, program, support, or other activity, to any entity who
enters into, or maintains, partnerships or licensing agreements with
any entity of concern, as defined in section 10114 of title I of
division B of Public Law 117-167.
state-owned enterprises prohibition
Sec. 612. (a) Innovate in America.--None of the funds made
available by this Act may be used by the Secretary of Energy to award a
contract, subcontract, grant, or loan to an entity that--
(1) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation based
in a country that--
(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416); or
(2) is listed pursuant to section 9(b)(3) of the Uyghur
Human Rights Policy Act of 2020 (Public Law 116-145).
(b) Exception.--For purposes of subsection (a), the Secretary of
Energy may issue a waiver, to be made publicly available, to an entity
in which the legal or financial connection to a corporation is a
minority relationship or investment.
(c) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
applicable international agreements.
Spending Reduction Account
Sec. 613. $0.
Sec. 614. None of the funds appropriated or otherwise made
available by this Act may be made available to finalize any rule or
regulation that meets the definition of section 804(2)(A) of title 5,
United States Code.
Sec. 615. None of the funds made available by this Act may be used
to implement, administer, or enforce the final rule of the Department
of Energy entitled ``Energy Conservation Program: Energy Conservation
Standards for Consumer Furnaces'' signed on September 28, 2023 (Docket
ID: EERE-2014-BT-STD-0031; RIN 1904-AD20).
Sec. 616. None of the funds made available by this Act may be used
to implement the Industrial Decarbonization Roadmap published by the
Department of Energy and dated September 2022 (DOE/EE-2635).
Sec. 617. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Energy Conservation Program: Energy Conservation Standards
for Consumer Water Heaters'' published by the Department of Energy in
the Federal Register on July 28, 2023 (88 Fed. Reg. 49058).
Sec. 618. None of the funds made available by this Act may be used
by the National Nuclear Security Administration to halt the
construction of a High Explosive Synthesis, Formulation, and Production
facility at the Pantex Plant near Amarillo, Texas.
Sec. 619. None of the funds appropriated or otherwise made
available by this Act may be used to admit any individual who is a
citizen of any country on the current list of sensitive countries to
any facility of a national security laboratory, as such term is defined
in section 4002 of the Atomic Energy Defense Act, other than areas
accessible to the general public.
Sec. 620. None of the funds made available by this Act may be used
to implement or enforce Corps of Engineers memorandum CERE-AP, issued
by the South Atlantic division on July 9, 1996, relating to ``Approval
of Perpetual Beach Storm Damage Reduction Easement as a Standard
Estate''.
Sec. 621. None of the funds made available by this Act may be used
to close the Toto Creek, Bolding Mill, Duckett Mill, Old Federal, Van
Pugh South Campground, Sawnee, or Bald Ridge Creek campgrounds located
at Lake Sidney Lanier, Georgia.
Sec. 622. None of the funds made available by this Act may be used
to carry out the final rule titled ``Energy Conservation Program:
Energy Conservation Standards for Manufactured Housing'' (88 Fed. Reg.
32728 (May 31, 2022)).
Sec. 623. None of the funds made available by this Act may be used
for the Interagency Working Group on the Social Cost of Greenhouse
Gases.
Sec. 624. None of the funds made available by this Act may be used
to consider the social cost of greenhouse gases in the development and
implementation of a budget for a Federal agency, in any Federal
procurement processes, or when preparing an environmental review
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
Sec. 625. None of the funds made available by this Act may be used
to enforce any COVID-19 mask mandates.
Sec. 626. None of the funds made available by this Act may be used
to finalize the rule entitled ``Energy Conservation Program: Energy
Conservation Standards for Automatic Commercial Ice Makers'' published
by the Department of Energy in the Federal Register on September 25,
2023 (88 Fed. Reg. 65628).
Sec. 627. None of the funds made available by this Act may be used
to implement, administer, or enforce the rule entitled ``Energy
Conservation Program: Energy Conservation Standards for Room Air
Conditioners'' published by the Department of Energy in the Federal
Register on May 26, 2023 (88 Fed. Reg. 34298).
Sec. 628. None of the funds made available by this Act may be used
for the Department of Energy Office of Science's Office of Scientific
Workforce Diversity, Equity, and Inclusion.
Sec. 629. None of the funds made available by this Act may be used
for the American Climate Corps.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2024''.
Passed the House of Representatives October 26, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 233
118th CONGRESS
1st Session
H. R. 4394
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.
_______________________________________________________________________
November 1, 2023
Received; read twice and placed on the calendar