[COMMITTEE PRINT] · following original bill; which was read twice and placed on the calendar A...

U:\2021REPT\10Rept\Bill\EWFY2021.xml SEN. APPRO.

II

[COMMITTEE PRINT]

NOTICE: This bill is a draft for use of the Committee and its Staff only, in preparation for markup.

Calendar No. 000 116TH CONGRESS

2D SESSION S. 0000 [Report No. 116–000]

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2021, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER lll, 2020 Mr. ALEXANDER, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar

A BILL Making appropriations for energy and water development

and related agencies for the fiscal year ending September 30, 2021, and for other purposes.

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

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

That the following sums are appropriated, out of any 3

November 2, 2020 (4:35 p.m.)

2


money in the Treasury not otherwise appropriated, for en-1

ergy and water development and related agencies for the 2

fiscal year ending September 30, 2021, and for other pur-3

poses, namely: 4

TITLE I 5

CORPS OF ENGINEERS—CIVIL 6

DEPARTMENT OF THE ARMY 7

CORPS OF ENGINEERS—CIVIL 8

The following appropriations shall be expended under 9

the direction of the Secretary of the Army and the super-10

vision of the Chief of Engineers for authorized civil func-11

tions of the Department of the Army pertaining to river 12

and harbor, flood and storm damage reduction, shore pro-13

tection, aquatic ecosystem restoration, and related efforts. 14

INVESTIGATIONS 15

For expenses necessary where authorized by law for 16

the collection and study of basic information pertaining 17

to river and harbor, flood and storm damage reduction, 18

shore protection, aquatic ecosystem restoration, and re-19

lated needs; for surveys and detailed studies, and plans 20

and specifications of proposed river and harbor, flood and 21

storm damage reduction, shore protection, and aquatic 22

ecosystem restoration projects, and related efforts prior to 23

construction; for restudy of authorized projects; and for 24

miscellaneous investigations, and, when authorized by law, 25

November 2, 2020 (4:35 p.m.)

3


surveys and detailed studies, and plans and specifications 1

of projects prior to construction, $151,149,000, to remain 2

available until expended: Provided, That the Secretary 3

shall initiate nine new study starts during fiscal year 4

2021: Provided further, That the Secretary shall not devi-5

ate from the new starts proposed in the work plan, once 6

the plan has been submitted to the Committees on Appro-7

priations of both Houses of Congress. 8

CONSTRUCTION 9

For expenses necessary for the construction of river 10

and harbor, flood and storm damage reduction, shore pro-11

tection, aquatic ecosystem restoration, and related 12

projects authorized by law; for conducting detailed studies, 13

and plans and specifications, of such projects (including 14

those involving participation by States, local governments, 15

or private groups) authorized or made eligible for selection 16

by law (but such detailed studies, and plans and specifica-17

tions, shall not constitute a commitment of the Govern-18

ment to construction); $2,661,000,000, to remain avail-19

able until expended; of which such sums as are necessary 20

to cover the Federal share of construction costs for facili-21

ties under the Dredged Material Disposal Facilities pro-22

gram shall be derived from the Harbor Maintenance Trust 23

Fund as authorized by Public Law 104–303; and of which 24

such sums as are necessary to cover one-half of the costs 25

November 2, 2020 (4:35 p.m.)

4


of construction, replacement, rehabilitation, and expansion 1

of inland waterways projects, except for Chickamauga 2

Lock, Tennessee River, Tennessee, which shall be 15 per-3

cent during the fiscal year covered by this Act, shall be 4

derived from the Inland Waterways Trust Fund, except 5

as otherwise specifically provided for in law: Provided, 6

That the Secretary shall initiate seven new construction 7

starts during fiscal year 2021: Provided further, That for 8

new construction projects, project cost sharing agreements 9

shall be executed as soon as practicable but no later than 10

September 30, 2021: Provided further, That no allocation 11

for a new start shall be considered final and no work al-12

lowance shall be made until the Secretary provides to the 13

Committees on Appropriations of both Houses of Congress 14

an out-year funding scenario demonstrating the afford-15

ability of the selected new starts and the impacts on other 16

projects: Provided further, That the Secretary may not de-17

viate from the new starts proposed in the work plan, once 18

the plan has been submitted to the Committees on Appro-19

priations of both Houses of Congress. 20

MISSISSIPPI RIVER AND TRIBUTARIES 21

For expenses necessary for flood damage reduction 22

projects and related efforts in the Mississippi River allu-23

vial valley below Cape Girardeau, Missouri, as authorized 24

by law, $395,000,000, to remain available until expended, 25

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5


of which such sums as are necessary to cover the Federal 1

share of eligible operation and maintenance costs for in-2

land harbors shall be derived from the Harbor Mainte-3

nance Trust Fund: Provided, That the Secretary shall ini-4

tiate one new study start in fiscal year 2021: Provided 5

further, That the Secretary shall not deviate from the work 6

plan, once the plan has been submitted to the Committees 7

on Appropriations of both Houses of Congress. 8

OPERATION AND MAINTENANCE 9

For expenses necessary for the operation, mainte-10

nance, and care of existing river and harbor, flood and 11

storm damage reduction, aquatic ecosystem restoration, 12

and related projects authorized by law; providing security 13

for infrastructure owned or operated by the Corps, includ-14

ing administrative buildings and laboratories; maintaining 15

harbor channels provided by a State, municipality, or 16

other public agency that serve essential navigation needs 17

of general commerce, where authorized by law; surveying 18

and charting northern and northwestern lakes and con-19

necting waters; clearing and straightening channels; and 20

removing obstructions to navigation, $3,781,000,000, to 21

remain available until expended, of which such sums as 22

are necessary to cover the Federal share of eligible oper-23

ation and maintenance costs for coastal harbors and chan-24

nels, and for inland harbors shall be derived from the Har-25

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6


bor Maintenance Trust Fund; of which such sums as be-1

come available from the special account for the Corps of 2

Engineers established by the Land and Water Conserva-3

tion Fund Act of 1965 shall be derived from that account 4

for resource protection, research, interpretation, and 5

maintenance activities related to resource protection in the 6

areas at which outdoor recreation is available; and of 7

which such sums as become available from fees collected 8

under section 217 of Public Law 104–303 shall be used 9

to cover the cost of operation and maintenance of the 10

dredged material disposal facilities for which such fees 11

have been collected: Provided, That 1 percent of the total 12

amount of funds provided for each of the programs, 13

projects, or activities funded under this heading shall not 14

be allocated to a field operating activity prior to the begin-15

ning of the fourth quarter of the fiscal year and shall be 16

available for use by the Chief of Engineers to fund such 17

emergency activities as the Chief of Engineers determines 18

to be necessary and appropriate, and that the Chief of En-19

gineers shall allocate during the fourth quarter any re-20

maining funds which have not been used for emergency 21

activities proportionally in accordance with the amounts 22

provided for the programs, projects, or activities. 23

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7


REGULATORY PROGRAM 1

For expenses necessary for administration of laws 2

pertaining to regulation of navigable waters and wetlands, 3

$210,000,000, to remain available until September 30, 4

2022. 5

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 6

For expenses necessary to clean up contamination 7

from sites in the United States resulting from work per-8

formed as part of the Nation’s early atomic energy pro-9

gram, $250,000,000, to remain available until expended. 10

FLOOD CONTROL AND COASTAL EMERGENCIES 11

For expenses necessary to prepare for flood, hurri-12

cane, and other natural disasters and support emergency 13

operations, repairs, and other activities in response to 14

such disasters as authorized by law, $35,000,000, to re-15

main available until expended. 16

EXPENSES 17

For expenses necessary for the supervision and gen-18

eral administration of the civil works program in the head-19

quarters of the Corps of Engineers and the offices of the 20

Division Engineers; and for costs of management and op-21

eration of the Humphreys Engineer Center Support Activ-22

ity, the Institute for Water Resources, the United States 23

Army Engineer Research and Development Center, and 24

the United States Army Corps of Engineers Finance Cen-25

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8


ter allocable to the civil works program, $211,000,000, to 1

remain available until September 30, 2022, of which not 2

to exceed $5,000 may be used for official reception and 3

representation purposes and only during the current fiscal 4

year: Provided, That no part of any other appropriation 5

provided in this title shall be available to fund the civil 6

works activities of the Office of the Chief of Engineers 7

or the civil works executive direction and management ac-8

tivities of the division offices: Provided further, That any 9

Flood Control and Coastal Emergencies appropriation 10

may be used to fund the supervision and general adminis-11

tration of emergency operations, repairs, and other activi-12

ties in response to any flood, hurricane, or other natural 13

disaster. 14

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 15

FOR CIVIL WORKS 16

For the Office of the Assistant Secretary of the Army 17

for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 18

$3,000,000, to remain available until September 30, 2022: 19

Provided, That not more than 75 percent of such amount 20

may be obligated or expended until the Assistant Sec-21

retary submits to the Committees on Appropriations of 22

both Houses of Congress the report required under section 23

101(d) of this Act and a work plan that allocates at least 24

95 percent of the additional funding provided under each 25

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9


heading in this title, as designated under such heading in 1

the explanatory statement accompanying this Act, to spe-2

cific programs, projects, or activities. 3

WATER INFRASTRUCTURE FINANCE AND INNOVATION 4

PROGRAM ACCOUNT 5

For the cost of direct loans and for the cost of guar-6

anteed loans, as authorized by the Water Infrastructure 7

Finance and Innovation Act of 2014, $22,800,000, to re-8

main available until expended, for safety projects to main-9

tain, upgrade, and repair dams identified in the National 10

Inventory of Dams with a primary owner type of state, 11

local government, public utility, or private: Provided, That, 12

no project may be funded with amounts provided under 13

this heading for a dam that is identified as jointly owned 14

in the National Inventory of Dams and where one of those 15

joint owners is the Federal Government: Provided further, 16

That such costs, including the cost of modifying such 17

loans, shall be as defined in section 502 of the Congres-18

sional Budget Act of 1974: Provided further, That these 19

funds are available to subsidize gross obligations for the 20

principal amount of direct loans, including capitalized in-21

terest, and total loan principal, including capitalized inter-22

est, any part of which is to be guaranteed, not to exceed 23

$1,809,500,000: Provided further, That, within 30 days of 24

enactment of this Act, the Secretary, in consultation with 25

November 2, 2020 (4:35 p.m.)

10


the Office of Management and Budget, shall transmit a 1

report to the Committees on Appropriations of the House 2

of Representatives and the Senate that provides: (1) an 3

analysis of how subsidy rates will be determined for loans 4

financed by appropriations provided under this heading in 5

this Act; (2) a comparison of the factors that will be con-6

sidered in estimating subsidy rates for loans financed 7

under this heading in this Act with factors that will be 8

considered in estimates of subsidy rates for other projects 9

authorized by the Water Infrastructure Finance and Inno-10

vation Act of 2014, including an analysis of how both sets 11

of rates will be determined; and (3) an analysis of the 12

process for developing draft regulations for the Water In-13

frastructure Finance and Innovation program, including 14

a crosswalk from the statutory requirements for such pro-15

gram, and a timetable for publishing such regulations: 16

Provided further, That the use of direct loans or loan guar-17

antee authority under this heading for direct loans or com-18

mitments to guarantee loans for any project shall be in 19

accordance with the criteria published in the Federal Reg-20

ister on June 30, 2020 (85 FR 39189) pursuant to the 21

fourth proviso under the heading ‘‘Water Infrastructure 22

Finance and Innovation Program Account’’ in division D 23

of the Further Consolidated Appropriations Act, 2020 24

(Public Law 116–94): Provided further, That none of the 25

November 2, 2020 (4:35 p.m.)

11


direct loans or loan guarantee authority made available 1

under this heading shall be available for any project unless 2

the Secretary and the Director of the Office of Manage-3

ment and Budget have certified in advance in writing that 4

the direct loan or loan guarantee, as applicable, and the 5

project comply with the criteria referenced in the previous 6

proviso: Provided further, That any references to the Envi-7

ronmental Protection Agency (EPA) or the Administrator 8

in the criteria referenced in the previous two provisos shall 9

be deemed to be references to the Army Corps of Engi-10

neers or the Secretary of the Army, respectively, for pur-11

poses of the direct loans or loan guarantee authority made 12

available under this heading: Provided further, That, for 13

the purposes of carrying out the Congressional Budget Act 14

of 1974, the Director of the Congressional Budget Office 15

may request, and the Secretary shall promptly provide, 16

documentation and information relating to a project iden-17

tified in a Letter of Interest submitted to the Secretary 18

pursuant to a Notice of Funding Availability for applica-19

tions for credit assistance under the Water Infrastructure 20

Finance and Innovation Act Program, including with re-21

spect to a project that was initiated or completed before 22

the date of enactment of this Act. 23

In addition, fees authorized to be collected pursuant 24

to sections 5029 and 5030 of the Water Infrastructure 25

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12


Finance and Innovation Act of 2014 shall be deposited 1

in this account, to remain available until expended. 2

In addition, for administrative expenses to carry out 3

the direct and guaranteed loan programs, $2,200,000, to 4

remain available until September 30, 2022. 5

GENERAL PROVISIONS—CORPS OF 6

ENGINEERS—CIVIL 7

(INCLUDING TRANSFER OF FUNDS) 8

SEC. 101. (a) None of the funds provided in title I 9

of this Act, or provided by previous appropriations Acts 10

to the agencies or entities funded in title I of this Act 11

that remain available for obligation or expenditure in fiscal 12

year 2021, shall be available for obligation or expenditure 13

through a reprogramming of funds that: 14

(1) creates or initiates a new program, project, 15

or activity; 16

(2) eliminates a program, project, or activity; 17

(3) increases funds or personnel for any pro-18

gram, project, or activity for which funds have been 19

denied or restricted by this Act, unless prior ap-20

proval is received from the Committees on Appro-21

priations of both Houses of Congress; 22

(4) proposes to use funds directed for a specific 23

activity for a different purpose, unless prior approval 24

November 2, 2020 (4:35 p.m.)

13


is received from the Committees on Appropriations 1

of both Houses of Congress; 2

(5) augments or reduces existing programs, 3

projects, or activities in excess of the amounts con-4

tained in paragraphs (6) through (10), unless prior 5

approval is received from the Committees on Appro-6

priations of both Houses of Congress; 7

(6) INVESTIGATIONS.—For a base level over 8

$100,000, reprogramming of 25 percent of the base 9

amount up to a limit of $150,000 per project, study 10

or activity is allowed: Provided, That for a base level 11

less than $100,000, the reprogramming limit is 12

$25,000: Provided further, That up to $25,000 may 13

be reprogrammed into any continuing study or activ-14

ity that did not receive an appropriation for existing 15

obligations and concomitant administrative expenses; 16

(7) CONSTRUCTION.—For a base level over 17

$2,000,000, reprogramming of 15 percent of the 18

base amount up to a limit of $3,000,000 per project, 19

study or activity is allowed: Provided, That for a 20

base level less than $2,000,000, the reprogramming 21

limit is $300,000: Provided further, That up to 22

$3,000,000 may be reprogrammed for settled con-23

tractor claims, changed conditions, or real estate de-24

ficiency judgments: Provided further, That up to 25

November 2, 2020 (4:35 p.m.)

14


$300,000 may be reprogrammed into any continuing 1

study or activity that did not receive an appropria-2

tion for existing obligations and concomitant admin-3

istrative expenses; 4

(8) OPERATION AND MAINTENANCE.—Unlim-5

ited reprogramming authority is granted for the 6

Corps to be able to respond to emergencies: Pro-7

vided, That the Chief of Engineers shall notify the 8

Committees on Appropriations of both Houses of 9

Congress of these emergency actions as soon there-10

after as practicable: Provided further, That for a 11

base level over $1,000,000, reprogramming of 15 12

percent of the base amount up to a limit of 13

$5,000,000 per project, study, or activity is allowed: 14

Provided further, That for a base level less than 15

$1,000,000, the reprogramming limit is $150,000: 16

Provided further, That $150,000 may be repro-17

grammed into any continuing study or activity that 18

did not receive an appropriation; 19

(9) MISSISSIPPI RIVER AND TRIBUTARIES.— 20

The reprogramming guidelines in paragraphs (6), 21

(7), and (8) shall apply to the Investigations, Con-22

struction, and Operation and Maintenance portions 23

of the Mississippi River and Tributaries Account, re-24

spectively; and 25

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15


(10) FORMERLY UTILIZED SITES REMEDIAL AC-1

TION PROGRAM.—Reprogramming of up to 15 per-2

cent of the base of the receiving project is permitted. 3

(b) DE MINIMUS REPROGRAMMINGS.—In no case 4

should a reprogramming for less than $50,000 be sub-5

mitted to the Committees on Appropriations of both 6

Houses of Congress. 7

(c) CONTINUING AUTHORITIES PROGRAM.—Sub-8

section (a)(1) shall not apply to any project or activity 9

funded under the continuing authorities program. 10

(d) Not later than 60 days after the date of enact-11

ment of this Act, the Secretary shall submit a report to 12

the Committees on Appropriations of both Houses of Con-13

gress to establish the baseline for application of re-14

programming and transfer authorities for the current fis-15

cal year which shall include: 16

(1) A table for each appropriation with a sepa-17

rate column to display the President’s budget re-18

quest, adjustments made by Congress, adjustments 19

due to enacted rescissions, if applicable, and the fis-20

cal year enacted level; and 21

(2) A delineation in the table for each appro-22

priation both by object class and program, project 23

and activity as detailed in the budget appendix for 24

the respective appropriations; and 25

November 2, 2020 (4:35 p.m.)

16


(3) An identification of items of special congres-1

sional interest. 2

SEC. 102. The Secretary shall allocate funds made 3

available in this Act solely in accordance with the provi-4

sions of this Act and the explanatory statement accom-5

panying this Act, including the determination and designa-6

tion of new starts. 7

SEC. 103. None of the funds made available in this 8

title may be used to award or modify any contract that 9

commits funds beyond the amounts appropriated for that 10

program, project, or activity that remain unobligated, ex-11

cept that such amounts may include any funds that have 12

been made available through reprogramming pursuant to 13

section 101. 14

SEC. 104. The Secretary of the Army may transfer 15

to the Fish and Wildlife Service, and the Fish and Wildlife 16

Service may accept and expend, up to $5,400,000 of funds 17

provided in this title under the heading ‘‘Operation and 18

Maintenance’’ to mitigate for fisheries lost due to Corps 19

of Engineers projects. 20

SEC. 105. None of the funds in this Act shall be used 21

for an open lake placement alternative for dredged mate-22

rial, after evaluating the least costly, environmentally ac-23

ceptable manner for the disposal or management of 24

dredged material originating from Lake Erie or tributaries 25

November 2, 2020 (4:35 p.m.)

17


thereto, unless it is approved under a State water quality 1

certification pursuant to section 401 of the Federal Water 2

Pollution Control Act (33 U.S.C. 1341): Provided, That 3

until an open lake placement alternative for dredged mate-4

rial is approved under a State water quality certification, 5

the Corps of Engineers shall continue upland placement 6

of such dredged material consistent with the requirements 7

of section 101 of the Water Resources Development Act 8

of 1986 (33 U.S.C. 2211). 9

SEC. 106. None of the funds made available by this 10

Act or any other Act may be used to reorganize or to 11

transfer the Civil Works functions or authority of the 12

Corps of Engineers or the Secretary of the Army to an-13

other department or agency. 14

SEC. 107. Additional funding provided in this Act 15

shall be allocated only to projects determined to be eligible 16

by the Chief of Engineers. 17

SEC. 108. None of the funds made available by this 18

Act may be used to carry out any water supply reallocation 19

study under the Wolf Creek Dam, Lake Cumberland, Ken-20

tucky, project authorized under the Act of July 24, 1946 21

(60 Stat. 636, ch. 595). 22

November 2, 2020 (4:35 p.m.)

18


TITLE II 1

DEPARTMENT OF THE INTERIOR 2

CENTRAL UTAH PROJECT 3

CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4

For carrying out activities authorized by the Central 5

Utah Project Completion Act, $20,000,000, to remain 6

available until expended, of which $1,800,000 shall be de-7

posited into the Utah Reclamation Mitigation and Con-8

servation Account for use by the Utah Reclamation Miti-9

gation and Conservation Commission: Provided, That of 10

the amount provided under this heading, $1,500,000 shall 11

be available until September 30, 2022, for expenses nec-12

essary in carrying out related responsibilities of the Sec-13

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

year 2021, of the amount made available to the Commis-15

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

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

tive expenses. 18

BUREAU OF RECLAMATION 19

The following appropriations shall be expended to 20

execute authorized functions of the Bureau of Reclama-21

tion: 22

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19


WATER AND RELATED RESOURCES 1

(INCLUDING TRANSFERS OF FUNDS) 2

For management, development, and restoration of 3

water and related natural resources and for related activi-4

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

tion of reclamation and other facilities, participation in 6

fulfilling related Federal responsibilities to Native Ameri-7

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

agreements with, State and local governments, federally 9

recognized Indian tribes, and others, $1,521,125,000, to 10

remain available until expended, of which $58,476,000 11

shall be available for transfer to the Upper Colorado River 12

Basin Fund and $5,584,000 shall be available for transfer 13

to the Lower Colorado River Basin Development Fund; 14

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

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

$25,882,000 shall be available for transfer into the Black-17

feet Water Settlement Implementation Fund established 18

by section 3717 of Public Law 114–322: Provided further, 19

That such transfers may be increased or decreased within 20

the overall appropriation under this heading: Provided fur-21

ther, That within available funds, $250,000 shall be for 22

grants and financial assistance for educational activities: 23

Provided further, That of the total appropriated, the 24

amount for program activities that can be financed by the 25

November 2, 2020 (4:35 p.m.)

20


Reclamation Fund or the Bureau of Reclamation special 1

fee account established by 16 U.S.C. 6806 shall be derived 2

from that Fund or account: Provided further, That funds 3

contributed under 43 U.S.C. 395 are available until ex-4

pended for the purposes for which the funds were contrib-5

uted: Provided further, That funds advanced under 43 6

U.S.C. 397a shall be credited to this account and are 7

available until expended for the same purposes as the 8

sums appropriated under this heading: Provided further, 9

That of the amounts provided herein, funds may be used 10

for high-priority projects which shall be carried out by the 11

Youth Conservation Corps, as authorized by 16 U.S.C. 12

1706. 13

CENTRAL VALLEY PROJECT RESTORATION FUND 14

For carrying out the programs, projects, plans, habi-15

tat restoration, improvement, and acquisition provisions of 16

the Central Valley Project Improvement Act, $55,875,000, 17

to be derived from such sums as may be collected in the 18

Central Valley Project Restoration Fund pursuant to sec-19

tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 20

102–575, to remain available until expended: Provided, 21

That the Bureau of Reclamation is directed to assess and 22

collect the full amount of the additional mitigation and 23

restoration payments authorized by section 3407(d) of 24

Public Law 102–575: Provided further, That none of the 25

November 2, 2020 (4:35 p.m.)

21


funds made available under this heading may be used for 1

the acquisition or leasing of water for in-stream purposes 2

if the water is already committed to in-stream purposes 3

by a court adopted decree or order. 4

CALIFORNIA BAY-DELTA RESTORATION 5

(INCLUDING TRANSFERS OF FUNDS) 6

For carrying out activities authorized by the Water 7

Supply, Reliability, and Environmental Improvement Act, 8

consistent with plans to be approved by the Secretary of 9

the Interior, $33,000,000, to remain available until ex-10

pended, of which such amounts as may be necessary to 11

carry out such activities may be transferred to appropriate 12

accounts of other participating Federal agencies to carry 13

out authorized purposes: Provided, That funds appro-14

priated herein may be used for the Federal share of the 15

costs of CALFED Program management: Provided fur-16

ther, That CALFED implementation shall be carried out 17

in a balanced manner with clear performance measures 18

demonstrating concurrent progress in achieving the goals 19

and objectives of the Program. 20

POLICY AND ADMINISTRATION 21

For expenses necessary for policy, administration, 22

and related functions in the Office of the Commissioner, 23

the Denver office, and offices in the six regions of the Bu-24

reau of Reclamation, to remain available until September 25

November 2, 2020 (4:35 p.m.)

22


30, 2022, $60,000,000, to be derived from the Reclama-1

tion Fund and be nonreimbursable as provided in 43 2

U.S.C. 377: Provided, That no part of any other appro-3

priation in this Act shall be available for activities or func-4

tions budgeted as policy and administration expenses. 5

ADMINISTRATIVE PROVISION 6

Appropriations for the Bureau of Reclamation shall 7

be available for purchase of not to exceed five passenger 8

motor vehicles, which are for replacement only. 9

GENERAL PROVISIONS—DEPARTMENT OF THE 10

INTERIOR 11

SEC. 201. (a) None of the funds provided in title II 12

of this Act for Water and Related Resources, or provided 13

by previous or subsequent appropriations Acts to the agen-14

cies or entities funded in title II of this Act for Water 15

and Related Resources that remain available for obligation 16

or expenditure in fiscal year 2021, shall be available for 17

obligation or expenditure through a reprogramming of 18

funds that— 19

(1) initiates or creates a new program, project, 20

or activity; 21

(2) eliminates a program, project, or activity; 22

(3) increases funds for any program, project, or 23

activity for which funds have been denied or re-24

stricted by this Act, unless prior approval is received 25

November 2, 2020 (4:35 p.m.)

23


from the Committees on Appropriations of both 1

Houses of Congress; 2

(4) restarts or resumes any program, project or 3

activity for which funds are not provided in this Act, 4

unless prior approval is received from the Commit-5

tees on Appropriations of both Houses of Congress; 6

(5) transfers funds in excess of the following 7

limits, unless prior approval is received from the 8


Congress: 10

(A) 15 percent for any program, project or 11

activity for which $2,000,000 or more is avail-12

able at the beginning of the fiscal year; or 13

(B) $400,000 for any program, project or 14

activity for which less than $2,000,000 is avail-15

able at the beginning of the fiscal year; 16

(6) transfers more than $500,000 from either 17

the Facilities Operation, Maintenance, and Rehabili-18

tation category or the Resources Management and 19

Development category to any program, project, or 20

activity in the other category, unless prior approval 21

is received from the Committees on Appropriations 22

of both Houses of Congress; or 23

(7) transfers, where necessary to discharge legal 24

obligations of the Bureau of Reclamation, more than 25

November 2, 2020 (4:35 p.m.)

24


$5,000,000 to provide adequate funds for settled 1

contractor claims, increased contractor earnings due 2

to accelerated rates of operations, and real estate de-3

ficiency judgments, unless prior approval is received 4

from the Committees on Appropriations of both 5

Houses of Congress. 6

(b) Subsection (a)(5) shall not apply to any transfer 7

of funds within the Facilities Operation, Maintenance, and 8

Rehabilitation category. 9

(c) For purposes of this section, the term ‘‘transfer’’ 10

means any movement of funds into or out of a program, 11

project, or activity. 12

(d) The Bureau of Reclamation shall submit reports 13

on a quarterly basis to the Committees on Appropriations 14

of both Houses of Congress detailing all the funds repro-15

grammed between programs, projects, activities, or cat-16

egories of funding. The first quarterly report shall be sub-17

mitted not later than 60 days after the date of enactment 18

of this Act. 19

SEC. 202. (a) None of the funds appropriated or oth-20

erwise made available by this Act may be used to deter-21

mine the final point of discharge for the interceptor drain 22

for the San Luis Unit until development by the Secretary 23

of the Interior and the State of California of a plan, which 24

shall conform to the water quality standards of the State 25

November 2, 2020 (4:35 p.m.)

25


of California as approved by the Administrator of the En-1

vironmental Protection Agency, to minimize any detri-2

mental effect of the San Luis drainage waters. 3

(b) The costs of the Kesterson Reservoir Cleanup 4

Program and the costs of the San Joaquin Valley Drain-5

age Program shall be classified by the Secretary of the 6

Interior as reimbursable or nonreimbursable and collected 7

until fully repaid pursuant to the ‘‘Cleanup Program— 8

Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-9

native Repayment Plan’’ described in the report entitled 10

‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-11

gram and San Joaquin Valley Drainage Program, Feb-12

ruary 1995’’, prepared by the Department of the Interior, 13

Bureau of Reclamation. Any future obligations of funds 14

by the United States relating to, or providing for, drainage 15

service or drainage studies for the San Luis Unit shall 16

be fully reimbursable by San Luis Unit beneficiaries of 17

such service or studies pursuant to Federal reclamation 18

law. 19

SEC. 203. Section 9504(e) of the Omnibus Public 20

Land Management Act of 2009 (42 U.S.C. 10364(e)) is 21

amended by striking ‘‘ $530,000,000’’ and inserting ‘‘ 22

$600,000,000’’. 23

SEC. 204. Title I of Public Law 108–361 (the 24

CALFED Bay-Delta Authorization Act) (118 Stat. 1681), 25

November 2, 2020 (4:35 p.m.)

26


as amended by section 4007(k) of Public Law 114–322, 1

is amended by striking ‘‘2020’’ each place it appears and 2

inserting ‘‘2021’’. 3

SEC. 205. Section 9106(g)(2) of Public Law 111–11 4

(Omnibus Public Land Management Act of 2009) is 5

amended by striking ‘‘2020’’ and inserting ‘‘2021’’. 6

SEC. 206. (a) Section 104(c) of the Reclamation 7

States Emergency Drought Relief Act of 1991 (43 U.S.C. 8

2214(c)) is amended by striking‘‘2020’’ and inserting 9

‘‘2021’’. 10

(b) Section 301 of the Reclamation States Emergency 11

Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 12

by striking ‘‘2020’’ and inserting ‘‘2021’’. 13

SEC. 207. Section 6002(g)(4) of the Omnibus Public 14

Land Management Act of 2009 (Public Law 111–11) is 15

amended by striking ‘‘2020’’ and inserting ‘‘2021’’. 16

November 2, 2020 (4:35 p.m.)

27


TITLE III 1

DEPARTMENT OF ENERGY 2

ENERGY PROGRAMS 3

ENERGY EFFICIENCY AND RENEWABLE ENERGY 4

(INCLUDING RESCISSION OF FUNDS) 5

For Department of Energy expenses including the 6

purchase, construction, and acquisition of plant and cap-7

ital equipment, and other expenses necessary for energy 8

efficiency and renewable energy activities in carrying out 9

the purposes of the Department of Energy Organization 10

Act (42 U.S.C. 7101 et seq.), including the acquisition or 11

condemnation of any real property or any facility or for 12

plant or facility acquisition, construction, or expansion, 13

$2,850,240,000, to remain available until expended: Pro-14

vided, That of such amount, $161,000,000 shall be avail-15

able until September 30, 2022, for program direction: Pro-16

vided further, That of the unobligated balances available 17

from amounts appropriated in Public Law 111–8 under 18

this heading, $806,831 is hereby rescinded: Provided fur-19

ther, That of the unobligated balances available from 20

amounts appropriated in Public Law 111–85 under this 21

heading, $1,433,463 is hereby rescinded: Provided further, 22

That no amounts may be rescinded under the previous two 23

provisos from amounts that were designated by the Con-24

gress as an emergency requirement pursuant to the Con-25

November 2, 2020 (4:35 p.m.)

28


current Resolution on the Budget or the Balanced Budget 1

and Emergency Deficit Control Act of 1985. 2

CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY 3

RESPONSE 4



ital equipment, and other expenses necessary for energy 7

sector cybersecurity, energy security, and emergency re-8

sponse activities in carrying out the purposes of the De-9

partment of Energy Organization Act (42 U.S.C. 7101 et 10

seq.), including the acquisition or condemnation of any 11

real property or any facility or for plant or facility acquisi-12

tion, construction, or expansion, $156,000,000, to remain 13

available until expended: Provided, That of such amount, 14

$11,521,000 shall be available until September 30, 2022, 15

for program direction. 16

ELECTRICITY 17



ital equipment, and other expenses necessary for elec-20

tricity activities in carrying out the purposes of the De-21




tion, construction, or expansion, $223,000,000, to remain 25

November 2, 2020 (4:35 p.m.)

29





NUCLEAR ENERGY 4



ital equipment, and other expenses necessary for nuclear 7

energy activities in carrying out the purposes of the De-8




tion, construction, or expansion, $1,505,300,000, to re-12

main available until expended: Provided, That of such 13

amount, $27,500,000 shall be derived from the Nuclear 14

Waste Fund and shall be available for expenses necessary 15

for activities to carry out the purposes of the Nuclear 16

Waste Policy Act of 1982, including interim storage activi-17

ties: Provided further, That of such amount, $75,131,000 18

shall be available until September 30, 2022, for program 19

direction. 20

URANIUM RESERVE PROGRAM 21

For Department of Energy expenses necessary for 22

Uranium Reserve activities to carry out the purposes of 23

the Department of Energy Organization Act (42 U.S.C. 24

November 2, 2020 (4:35 p.m.)

30


7101 et seq., $120,000,000 to remain available until ex-1

pended. 2

FOSSIL ENERGY RESEARCH AND DEVELOPMENT 3

For Department of Energy expenses necessary in car-4

rying out fossil energy research and development activi-5

ties, under the authority of the Department of Energy Or-6

ganization Act (42 U.S.C. 7101 et seq.), including the ac-7

quisition of interest, including defeasible and equitable in-8

terests in any real property or any facility or for plant 9

or facility acquisition or expansion, and for conducting in-10

quiries, technological investigations and research con-11

cerning the extraction, processing, use, and disposal of 12

mineral substances without objectionable social and envi-13

ronmental costs (30 U.S.C. 3, 1602, and 1603), 14

$750,000,000, to remain available until expended: Pro-15

vided, That of such amount $61,500,000 shall be available 16

until September 30, 2022, for program direction. 17

NAVAL PETROLEUM AND OIL SHALE RESERVES 18

For Department of Energy expenses necessary to 19

carry out naval petroleum and oil shale reserve activities, 20


vided, That notwithstanding any other provision of law, 22

unobligated funds remaining from prior years shall be 23

available for all naval petroleum and oil shale reserve ac-24

tivities. 25

November 2, 2020 (4:35 p.m.)

31


STRATEGIC PETROLEUM RESERVE 1


Strategic Petroleum Reserve facility development and op-3

erations and program management activities pursuant to 4

the Energy Policy and Conservation Act (42 U.S.C. 6201 5

et seq.), $187,081,000, to remain available until expended. 6

SPR PETROLEUM ACCOUNT 7

For the acquisition, transportation, and injection of 8

petroleum products, and for other necessary expenses pur-9

suant to the Energy Policy and Conservation Act of 1975, 10

as amended (42 U.S.C. 6201 et seq.), sections 403 and 11

404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 12

6241, 6239 note), and section 5010 of the 21st Century 13

Cures Act (Public Law 114–255), $1,000,000, to remain 14

available until expended. 15

NORTHEAST HOME HEATING OIL RESERVE 16


Northeast Home Heating Oil Reserve storage, operation, 18

and management activities pursuant to the Energy Policy 19

and Conservation Act (42 U.S.C. 6201 et seq.), 20

$10,000,000, to remain available until expended. 21

ENERGY INFORMATION ADMINISTRATION 22


rying out the activities of the Energy Information Admin-24

November 2, 2020 (4:35 p.m.)

32


istration, $126,800,000, to remain available until ex-1

pended. 2

NON-DEFENSE ENVIRONMENTAL CLEANUP 3

For Department of Energy expenses, including the 4


ital equipment and other expenses necessary for non-de-6

fense environmental cleanup activities in carrying out the 7

purposes of the Department of Energy Organization Act 8

(42 U.S.C. 7101 et seq.), including the acquisition or con-9

demnation of any real property or any facility or for plant 10

or facility acquisition, construction, or expansion, 11


vided, That, in addition, fees collected pursuant to sub-13

section (b)(1) of section 6939f of title 42, United States 14

Code, and deposited under this heading in fiscal year 2021 15

pursuant to section 309 of title III of division C of Public 16

Law 116–94 are appropriated, to remain available until 17

expended, for mercury storage costs. 18

URANIUM ENRICHMENT DECONTAMINATION AND 19

DECOMMISSIONING FUND 20


rying out uranium enrichment facility decontamination 22

and decommissioning, remedial actions, and other activi-23

ties of title II of the Atomic Energy Act of 1954, and 24

title X, subtitle A, of the Energy Policy Act of 1992, 25

November 2, 2020 (4:35 p.m.)

33


$848,000,000, to be derived from the Uranium Enrich-1

ment Decontamination and Decommissioning Fund, to re-2

main available until expended, of which $10,000,000 shall 3

be available in accordance with title X, subtitle A, of the 4

Energy Policy Act of 1992. 5

SCIENCE 6



ital equipment, and other expenses necessary for science 9

activities in carrying out the purposes of the Department 10

of Energy Organization Act (42 U.S.C. 7101 et seq.), in-11

cluding the acquisition or condemnation of any real prop-12

erty or any facility or for plant or facility acquisition, con-13

struction, or expansion, and purchase of not more than 14

35 passenger motor vehicles for replacement only, 15



able until September 30, 2022, for program direction. 18

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 19


rying out the activities authorized by section 5012 of the 21

America COMPETES Act (Public Law 110–69), 22



able until September 30, 2022, for program direction. 25

November 2, 2020 (4:35 p.m.)

34


TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 1

PROGRAM 2

Such sums as are derived from amounts received 3

from borrowers pursuant to section 1702(b) of the Energy 4

Policy Act of 2005 under this heading in prior Acts, shall 5

be collected in accordance with section 502(7) of the Con-6

gressional Budget Act of 1974: Provided, That for nec-7

essary administrative expenses of the Title 17 Innovative 8

Technology Loan Guarantee Program, as authorized, 9

$32,000,000 is appropriated, to remain available until 10

September 30, 2022: Provided further, That up to 11

$32,000,000 of fees collected in fiscal year 2021 pursuant 12

to section 1702(h) of the Energy Policy Act of 2005 shall 13

be credited as offsetting collections under this heading and 14

used for necessary administrative expenses in this appro-15

priation and shall remain available until September 30, 16

2022: Provided further, That to the extent that fees col-17

lected in fiscal year 2021 exceed $32,000,000, those ex-18

cess amounts shall be credited as offsetting collections 19

under this heading and available in future fiscal years only 20

to the extent provided in advance in appropriations Acts: 21

Provided further, That the sum herein appropriated from 22

the general fund shall be reduced (1) as such fees are re-23

ceived during fiscal year 2021 (estimated at $3,000,000) 24

and (2) to the extent that any remaining general fund ap-25

November 2, 2020 (4:35 p.m.)

35


propriations can be derived from fees collected in previous 1

fiscal years that are not otherwise appropriated, so as to 2

result in a final fiscal year 2021 appropriation from the 3

general fund estimated at $0: Provided further, That the 4

Department of Energy shall not subordinate any loan obli-5

gation to other financing in violation of section 1702 of 6

the Energy Policy Act of 2005 or subordinate any Guaran-7

teed Obligation to any loan or other debt obligations in 8

violation of section 609.10 of title 10, Code of Federal 9

Regulations. 10

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 11

LOAN PROGRAM 12

For Department of Energy administrative expenses 13

necessary in carrying out the Advanced Technology Vehi-14

cles Manufacturing Loan Program, $5,000,000, to remain 15

available until September 30, 2022. 16

TRIBAL ENERGY LOAN GUARANTEE PROGRAM 17

For Department of Energy administrative expenses 18

necessary in carrying out the Tribal Energy Loan Guar-19

antee Program, $2,000,000, to remain available until Sep-20

tember 30, 2022. 21

OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS 22

For necessary expenses for Indian Energy activities 23

in carrying out the purposes of the Department of Energy 24

Organization Act (42 U.S.C. 7101 et seq.), $22,000,000, 25

November 2, 2020 (4:35 p.m.)

36


to remain available until expended: Provided, That, of the 1

amount appropriated under this heading, $5,000,000 shall 2

be available until September 30, 2022, for program direc-3

tion. 4

DEPARTMENTAL ADMINISTRATION 5

For salaries and expenses of the Department of En-6

ergy necessary for departmental administration in car-7

rying out the purposes of the Department of Energy Orga-8

nization Act (42 U.S.C. 7101 et seq.), $254,378,000, to 9

remain available until September 30, 2022, including the 10

hire of passenger motor vehicles and official reception and 11

representation expenses not to exceed $30,000, plus such 12

additional amounts as necessary to cover increases in the 13

estimated amount of cost of work for others notwith-14

standing the provisions of the Anti-Deficiency Act (31 15

U.S.C. 1511 et seq.): Provided, That such increases in 16

cost of work are offset by revenue increases of the same 17

or greater amount: Provided further, That moneys received 18

by the Department for miscellaneous revenues estimated 19

to total $93,378,000 in fiscal year 2021 may be retained 20

and used for operating expenses within this account, as 21

authorized by section 201 of Public Law 95–238, notwith-22

standing the provisions of 31 U.S.C. 3302: Provided fur-23

ther, That the sum herein appropriated shall be reduced 24

as collections are received during the fiscal year so as to 25

November 2, 2020 (4:35 p.m.)

37


result in a final fiscal year 2021 appropriation from the 1

general fund estimated at not more than $161,000,000. 2

OFFICE OF THE INSPECTOR GENERAL 3

For expenses necessary for the Office of the Inspector 4

General in carrying out the provisions of the Inspector 5

General Act of 1978, $57,739,000, to remain available 6

until September 30, 2022. 7

ATOMIC ENERGY DEFENSE ACTIVITIES NA-8

TIONAL NUCLEAR SECURITY ADMINISTRA-9

TION 10

WEAPONS ACTIVITIES 11



ital equipment and other incidental expenses necessary for 14

atomic energy defense weapons activities in carrying out 15





and the purchase of not to exceed one ambulance for re-20

placement only, $15,602,000,000, to remain available 21

until expended: Provided, That of such amount, 22



November 2, 2020 (4:35 p.m.)

38


DEFENSE NUCLEAR NONPROLIFERATION 1



ital equipment and other incidental expenses necessary for 4

defense nuclear nonproliferation activities, in carrying out 5





and the purchase of not to exceed two aircraft, 10


vided, That of such amount, $30,000,000 shall be for the 12

Uranium Reserve Program. 13

NAVAL REACTORS 14



naval reactors activities to carry out the Department of 17

Energy Organization Act (42 U.S.C. 7101 et seq.), includ-18

ing the acquisition (by purchase, condemnation, construc-19

tion, or otherwise) of real property, plant, and capital 20

equipment, facilities, and facility expansion, 21

$1,684,000,000, to remain available until expended, of 22

which, $87,275,000 shall be transferred to ‘‘Department 23

of Energy—Energy Programs—Nuclear Energy’’, for the 24

Advanced Test Reactor: Provided, That of such amount, 25

November 2, 2020 (4:35 p.m.)

39




FEDERAL SALARIES AND EXPENSES 3

For expenses necessary for Federal Salaries and Ex-4

penses in the National Nuclear Security Administration, 5

$443,200,000, to remain available until September 30, 6

2022, including official reception and representation ex-7

penses not to exceed $17,000. 8

ENVIRONMENTAL AND OTHER DEFENSE 9

ACTIVITIES 10

DEFENSE ENVIRONMENTAL CLEANUP 11



ital equipment and other expenses necessary for atomic 14

energy defense environmental cleanup activities in car-15

rying out the purposes of the Department of Energy Orga-16

nization Act (42 U.S.C. 7101 et seq.), including the acqui-17

sition or condemnation of any real property or any facility 18

or for plant or facility acquisition, construction, or expan-19

sion, $6,360,000,000, to remain available until expended: 20

Provided, That of such amount, $289,000,000 shall be 21

available until September 30, 2022, for program direction. 22

OTHER DEFENSE ACTIVITIES 23



November 2, 2020 (4:35 p.m.)

40


ital equipment and other expenses, necessary for atomic 1

energy defense, other defense activities, and classified ac-2

tivities, in carrying out the purposes of the Department 3

of Energy Organization Act (42 U.S.C. 7101 et seq.), in-4

cluding the acquisition or condemnation of any real prop-5

erty or any facility or for plant or facility acquisition, con-6

struction, or expansion, and purchase of not more than 7

one passenger motor vehicle, $906,000,000, to remain 8




POWER MARKETING ADMINISTRATIONS 12

BONNEVILLE POWER ADMINISTRATION FUND 13

Expenditures from the Bonneville Power Administra-14

tion Fund, established pursuant to Public Law 93–454, 15

are approved for official reception and representation ex-16

penses in an amount not to exceed $5,000: Provided, That 17

during fiscal year 2021, no new direct loan obligations 18

may be made. 19

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 20

ADMINISTRATION 21

For expenses necessary for operation and mainte-22

nance of power transmission facilities and for marketing 23

electric power and energy, including transmission wheeling 24

and ancillary services, pursuant to section 5 of the Flood 25

November 2, 2020 (4:35 p.m.)

41


Control Act of 1944 (16 U.S.C. 825s), as applied to the 1

southeastern power area, $7,246,000, including official re-2

ception and representation expenses in an amount not to 3

exceed $1,500, to remain available until expended: Pro-4

vided, That notwithstanding 31 U.S.C. 3302 and section 5

5 of the Flood Control Act of 1944, up to $7,246,000 col-6

lected by the Southeastern Power Administration from the 7

sale of power and related services shall be credited to this 8

account as discretionary offsetting collections, to remain 9

available until expended for the sole purpose of funding 10

the annual expenses of the Southeastern Power Adminis-11

tration: Provided further, That the sum herein appro-12

priated for annual expenses shall be reduced as collections 13

are received during the fiscal year so as to result in a final 14

fiscal year 2021 appropriation estimated at not more than 15

$0: Provided further, That notwithstanding 31 U.S.C. 16

3302, up to $52,000,000 collected by the Southeastern 17

Power Administration pursuant to the Flood Control Act 18

of 1944 to recover purchase power and wheeling expenses 19

shall be credited to this account as offsetting collections, 20

to remain available until expended for the sole purpose 21

of making purchase power and wheeling expenditures: 22

Provided further, That for purposes of this appropriation, 23

annual expenses means expenditures that are generally re-24

November 2, 2020 (4:35 p.m.)

42


covered in the same year that they are incurred (excluding 1

purchase power and wheeling expenses). 2

OPERATION AND MAINTENANCE, SOUTHWESTERN 3

POWER ADMINISTRATION 4

For expenses necessary for operation and mainte-5

nance of power transmission facilities and for marketing 6

electric power and energy, for construction and acquisition 7

of transmission lines, substations and appurtenant facili-8

ties, and for administrative expenses, including official re-9

ception and representation expenses in an amount not to 10

exceed $1,500 in carrying out section 5 of the Flood Con-11

trol Act of 1944 (16 U.S.C. 825s), as applied to the 12

Southwestern Power Administration, $47,540,000, to re-13

main available until expended: Provided, That notwith-14

standing 31 U.S.C. 3302 and section 5 of the Flood Con-15

trol Act of 1944 (16 U.S.C. 825s), up to $37,140,000 col-16

lected by the Southwestern Power Administration from 17

the sale of power and related services shall be credited to 18

this account as discretionary offsetting collections, to re-19

main available until expended, for the sole purpose of 20

funding the annual expenses of the Southwestern Power 21

Administration: Provided further, That the sum herein ap-22

propriated for annual expenses shall be reduced as collec-23

tions are received during the fiscal year so as to result 24

in a final fiscal year 2021 appropriation estimated at not 25

November 2, 2020 (4:35 p.m.)

43


more than $10,400,000: Provided further, That notwith-1

standing 31 U.S.C. 3302, up to $15,000,000 collected by 2

the Southwestern Power Administration pursuant to the 3

Flood Control Act of 1944 to recover purchase power and 4

wheeling expenses shall be credited to this account as off-5

setting collections, to remain available until expended for 6

the sole purpose of making purchase power and wheeling 7

expenditures: Provided further, That for purposes of this 8

appropriation, annual expenses means expenditures that 9

are generally recovered in the same year that they are in-10

curred (excluding purchase power and wheeling expenses). 11

CONSTRUCTION, REHABILITATION, OPERATION AND 12

MAINTENANCE, WESTERN AREA POWER ADMINIS-13

TRATION 14

For carrying out the functions authorized by title III, 15

section 302(a)(1)(E) of the Act of August 4, 1977 (42 16

U.S.C. 7152), and other related activities including con-17

servation and renewable resources programs as author-18

ized, $259,126,000, including official reception and rep-19

resentation expenses in an amount not to exceed $1,500, 20

to remain available until expended, of which $259,126,000 21

shall be derived from the Department of the Interior Rec-22

lamation Fund: Provided, That notwithstanding 31 U.S.C. 23

3302, section 5 of the Flood Control Act of 1944 (16 24

U.S.C. 825s), and section 1 of the Interior Department 25

November 2, 2020 (4:35 p.m.)

44


Appropriation Act, 1939 (43 U.S.C. 392a), up to 1

$169,754,000 collected by the Western Area Power Ad-2

ministration from the sale of power and related services 3

shall be credited to this account as discretionary offsetting 4

collections, to remain available until expended, for the sole 5

purpose of funding the annual expenses of the Western 6

Area Power Administration: Provided further, That the 7

sum herein appropriated for annual expenses shall be re-8

duced as collections are received during the fiscal year so 9

as to result in a final fiscal year 2021 appropriation esti-10

mated at not more than $89,372,000, of which 11

$89,372,000 is derived from the Reclamation Fund: Pro-12

vided further, That notwithstanding 31 U.S.C. 3302, up 13

to $172,000,000 collected by the Western Area Power Ad-14

ministration pursuant to the Flood Control Act of 1944 15

and the Reclamation Project Act of 1939 to recover pur-16

chase power and wheeling expenses shall be credited to 17

this account as offsetting collections, to remain available 18

until expended for the sole purpose of making purchase 19

power and wheeling expenditures: Provided further, That 20

for purposes of this appropriation, annual expenses means 21

expenditures that are generally recovered in the same year 22

that they are incurred (excluding purchase power and 23

wheeling expenses). 24

November 2, 2020 (4:35 p.m.)

45


FALCON AND AMISTAD OPERATING AND MAINTENANCE 1

FUND 2

For operation, maintenance, and emergency costs for 3

the hydroelectric facilities at the Falcon and Amistad 4

Dams, $5,776,000, to remain available until expended, 5

and to be derived from the Falcon and Amistad Operating 6

and Maintenance Fund of the Western Area Power Ad-7

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

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

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

$5,548,000 collected by the Western Area Power Adminis-11

tration from the sale of power and related services from 12

the Falcon and Amistad Dams shall be credited to this 13

account as discretionary offsetting collections, to remain 14

available until expended for the sole purpose of funding 15

the annual expenses of the hydroelectric facilities of these 16

Dams and associated Western Area Power Administration 17

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

priated for annual expenses shall be reduced as collections 19

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

fiscal year 2021 appropriation estimated at not more than 21

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

propriation, annual expenses means expenditures that are 23

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

curred: Provided further, That for fiscal year 2021, the 25

November 2, 2020 (4:35 p.m.)

46


Administrator of the Western Area Power Administration 1

may accept up to $1,526,000 in funds contributed by 2

United States power customers of the Falcon and Amistad 3

Dams for deposit into the Falcon and Amistad Operating 4

and Maintenance Fund, and such funds shall be available 5

for the purpose for which contributed in like manner as 6

if said sums had been specifically appropriated for such 7

purpose: Provided further, That any such funds shall be 8

available without further appropriation and without fiscal 9

year limitation for use by the Commissioner of the United 10

States Section of the International Boundary and Water 11

Commission for the sole purpose of operating, maintain-12

ing, repairing, rehabilitating, replacing, or upgrading the 13

hydroelectric facilities at these Dams in accordance with 14

agreements reached between the Administrator, Commis-15

sioner, and the power customers. 16

FEDERAL ENERGY REGULATORY COMMISSION 17

SALARIES AND EXPENSES 18

For expenses necessary for the Federal Energy Regu-19

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


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

official reception and representation expenses not to ex-23

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


November 2, 2020 (4:35 p.m.)

47


vided, That notwithstanding any other provision of law, 1

not to exceed $404,350,000 of revenues from fees and an-2

nual charges, and other services and collections in fiscal 3

year 2021 shall be retained and used for expenses nec-4

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

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

priated from the general fund shall be reduced as revenues 7

are received during fiscal year 2021 so as to result in a 8

final fiscal year 2021 appropriation from the general fund 9

estimated at not more than $0. 10

GENERAL PROVISIONS—DEPARTMENT OF 11

ENERGY 12


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

made available by this title for the Department of Energy 15

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

or activity or to prepare or initiate Requests For Proposals 17

or similar arrangements (including Requests for 18

Quotations, Requests for Information, and Funding Op-19

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

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

funded by Congress. 22

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

Committees on Appropriations of both Houses of Congress 24

November 2, 2020 (4:35 p.m.)

48


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

made available in this title may be used to— 2

(A) make a grant allocation or discre-3

tionary grant award totaling $1,000,000 or 4

more; 5

(B) make a discretionary contract award 6

or Other Transaction Agreement totaling 7

$1,000,000 or more, including a contract cov-8

ered by the Federal Acquisition Regulation; 9

(C) issue a letter of intent to make an allo-10

cation, award, or Agreement in excess of the 11

limits in subparagraph (A) or (B); or 12

(D) announce publicly the intention to 13

make an allocation, award, or Agreement in ex-14

cess of the limits in subparagraph (A) or (B). 15

(2) The Secretary of Energy shall submit to the 16


Congress within 15 days of the conclusion of each 18

quarter a report detailing each grant allocation or 19

discretionary grant award totaling less than 20

$1,000,000 provided during the previous quarter. 21

(3) The notification required by paragraph (1) 22

and the report required by paragraph (2) shall in-23

clude the recipient of the award, the amount of the 24

award, the fiscal year for which the funds for the 25

November 2, 2020 (4:35 p.m.)

49


award were appropriated, the account and program, 1

project, or activity from which the funds are being 2

drawn, the title of the award, and a brief description 3

of the activity for which the award is made. 4

(c) The Department of Energy may not, with respect 5

to any program, project, or activity that uses budget au-6

thority made available in this title under the heading ‘‘De-7

partment of Energy—Energy Programs’’, enter into a 8

multiyear contract, award a multiyear grant, or enter into 9

a multiyear cooperative agreement unless— 10

(1) the contract, grant, or cooperative agree-11

ment is funded for the full period of performance as 12

anticipated at the time of award; or 13

(2) the contract, grant, or cooperative agree-14

ment includes a clause conditioning the Federal Gov-15

ernment’s obligation on the availability of future 16

year budget authority and the Secretary notifies the 17


Congress at least 3 days in advance. 19

(d) Except as provided in subsections (e), (f), and (g), 20

the amounts made available by this title shall be expended 21

as authorized by law for the programs, projects, and ac-22

tivities specified in the ‘‘Final Bill’’ column in the ‘‘De-23

partment of Energy’’ table included under the heading 24

November 2, 2020 (4:35 p.m.)

50


‘‘Title III—Department of Energy’’ in the explanatory 1

statement accompanying this Act. 2

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

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

the Department shall notify, and obtain the prior approval 5

of, the Committees on Appropriations of both Houses of 6

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

reprogramming that would cause any program, project, or 8

activity funding level to increase or decrease by more than 9

$5,000,000 or 10 percent, whichever is less, during the 10

time period covered by this Act. 11

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

available for obligation or expenditure through a re-13

programming of funds that— 14

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

project, or activity; 16

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

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

or restricted by this Act; or 19

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

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

Act. 22

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

quirement or restriction in this section that applies to the 24

use of funds made available for the Department of Energy 25

November 2, 2020 (4:35 p.m.)

51


if compliance with such requirement or restriction would 1

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

welfare, or national security. 3

(2) The Secretary of Energy shall notify the 4


Congress of any waiver under paragraph (1) as soon 6

as practicable, but not later than 3 days after the 7

date of the activity to which a requirement or re-8

striction would otherwise have applied. Such notice 9

shall include an explanation of the substantial risk 10

under paragraph (1) that permitted such waiver. 11

(h) The unexpended balances of prior appropriations 12

provided for activities in this Act may be available to the 13

same appropriation accounts for such activities established 14

pursuant to this title. Available balances may be merged 15

with funds in the applicable established accounts and 16

thereafter may be accounted for as one fund for the same 17

time period as originally enacted. 18

SEC. 302. Funds appropriated by this or any other 19

Act, or made available by the transfer of funds in this 20

Act, for intelligence activities are deemed to be specifically 21

authorized by the Congress for purposes of section 504 22

of the National Security Act of 1947 (50 U.S.C. 3094) 23

during fiscal year 2021 until the enactment of the Intel-24

ligence Authorization Act for fiscal year 2021. 25

November 2, 2020 (4:35 p.m.)

52



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

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

830 unless independent oversight is conducted by the Of-4

fice of Enterprise Assessments to ensure the project is in 5

compliance with nuclear safety requirements. 6


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

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

any successive departmental guidance, for construction 10

projects where the total project cost exceeds 11

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

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

sion. 14

SEC. 305. (a) Of the offsetting collections, including 15

unobligated balances of such collections, in the ‘‘Depart-16

ment of Energy—Power Marketing Administration—Col-17

orado River Basins Power Marketing Fund, Western Area 18

Power Administration’’, $21,400,000 shall be transferred 19

to the ‘‘Department of Interior—Bureau of Reclama-20

tion—Upper Colorado River Basin Fund’’ for the Bureau 21

of Reclamation to carry out environmental stewardship 22

and endangered species recovery efforts. 23

(b) No funds shall be transferred directly from ‘‘De-24

partment of Energy—Power Marketing Administration— 25

November 2, 2020 (4:35 p.m.)

53


Colorado River Basins Power Marketing Fund, Western 1

Area Power Administration’’ to the general fund of the 2

Treasury in the current fiscal year. 3

SEC. 306. (a) DEFINITIONS.—In this section: 4

(1) AFFECTED INDIAN TRIBE.—The term ‘‘af-5

fected Indian tribe’’ has the meaning given the term 6

in section 2 of the Nuclear Waste Policy Act of 1982 7

(42 U.S.C. 10101). 8

(2) HIGH-LEVEL RADIOACTIVE WASTE.—The 9

term ‘‘high-level radioactive waste’’ has the meaning 10

given the term in section 2 of the Nuclear Waste 11

Policy Act of 1982 (42 U.S.C. 10101). 12

(3) NUCLEAR WASTE FUND.—The term ‘‘Nu-13

clear Waste Fund’’ means the Nuclear Waste Fund 14

established under section 302(c) of the Nuclear 15

Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 16

(4) SECRETARY.—The term ‘‘Secretary’’ means 17

the Secretary of Energy. 18

(5) SPENT NUCLEAR FUEL.—The term ‘‘spent 19

nuclear fuel’’ has the meaning given the term in sec-20

tion 2 of the Nuclear Waste Policy Act of 1982 (42 21

U.S.C. 10101). 22

(b) PILOT PROGRAM.—Notwithstanding any provi-23

sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 24

10101 et seq.), the Secretary is authorized, in the current 25

November 2, 2020 (4:35 p.m.)

54


fiscal year and subsequent fiscal years, to conduct a pilot 1

program to license, construct, and operate 1 or more Fed-2

eral consolidated storage facilities to provide interim stor-3

age as needed for spent nuclear fuel and high-level radio-4

active waste, with priority for storage given to spent nu-5

clear fuel located on sites without an operating nuclear 6

reactor. 7

(c) REQUESTS FOR PROPOSALS.—Not later than 120 8

days after the date of enactment of this Act, the Secretary 9

shall issue a request for proposals for cooperative agree-10

ments— 11

(1) to obtain any license necessary from the 12

Nuclear Regulatory Commission for the construction 13

of 1 or more consolidated storage facilities; 14

(2) to demonstrate the safe transportation of 15

spent nuclear fuel and high-level radioactive waste, 16

as applicable; and 17

(3) to demonstrate the safe storage of spent nu-18

clear fuel and high-level radioactive waste, as appli-19

cable, at the 1 or more consolidated storage facilities 20

pending the construction and operation of deep geo-21

logic disposal capacity for the permanent disposal of 22

the spent nuclear fuel. 23

(d) CONSENT-BASED APPROVAL.—Prior to siting a 24

consolidated storage facility pursuant to this section, the 25

November 2, 2020 (4:35 p.m.)

55


Secretary shall enter into an agreement to host the facility 1

with— 2

(1) the Governor of the State; 3

(2) each unit of local government within the ju-4

risdiction of which the facility is proposed to be lo-5

cated; and 6

(3) each affected Indian tribe. 7

(e) APPLICABILITY.—In executing this section, the 8

Secretary shall comply with— 9

(1) all licensing requirements and regulations of 10

the Nuclear Regulatory Commission; and 11

(2) all other applicable laws (including regula-12

tions). 13

(f) PILOT PROGRAM PLAN.—Not later than 120 days 14

after the date on which the Secretary issues the request 15

for proposals under subsection (c), the Secretary shall sub-16

mit to Congress a plan to carry out this section that in-17

cludes— 18

(1) an estimate of the cost of licensing, con-19

structing, and operating a consolidated storage facil-20

ity, including the transportation costs, on an annual 21

basis, over the expected lifetime of the facility; 22

(2) a schedule for— 23

November 2, 2020 (4:35 p.m.)

56


(A) obtaining any license necessary to con-1

struct and operate a consolidated storage facil-2

ity from the Nuclear Regulatory Commission; 3

(B) constructing the facility; 4

(C) transporting spent fuel to the facility; 5

and 6

(D) removing the spent fuel and decom-7

missioning the facility; 8

(3) an estimate of the cost of any financial as-9

sistance, compensation, or incentives proposed to be 10

paid to the host State, Indian tribe, or local govern-11

ment; 12

(4) an estimate of any future reductions in the 13

damages expected to be paid by the United States 14

for the delay of the Department of Energy in accept-15

ing spent fuel expected to result from the pilot pro-16

gram; 17

(5) recommendations for any additional legisla-18

tion needed to authorize and implement the pilot 19

program; and 20

(6) recommendations for a mechanism to en-21

sure that any spent nuclear fuel or high-level radio-22

active waste stored at a consolidated storage facility 23

pursuant to this section shall move to deep geologic 24

disposal capacity, following a consent-based approval 25

November 2, 2020 (4:35 p.m.)

57


process for that deep geologic disposal capacity con-1

sistent with subsection (d), within a reasonable time 2

after the issuance of a license to construct and oper-3

ate the consolidated storage facility. 4

(g) PUBLIC PARTICIPATION.—Prior to choosing a 5

site for the construction of a consolidated storage facility 6

under this section, the Secretary shall conduct 1 or more 7

public hearings in the vicinity of each potential site and 8

in at least 1 other location within the State in which the 9

site is located to solicit public comments and recommenda-10

tions. 11

(h) USE OF NUCLEAR WASTE FUND.—The Secretary 12

may make expenditures from the Nuclear Waste Fund to 13

carry out this section, subject to appropriations. 14

SEC. 307. Notwithstanding section 161 of the Energy 15

Policy and Conservation Act (42 U.S.C. 6241), upon a 16

determination by the President in this fiscal year that a 17

regional supply shortage of refined petroleum product of 18

significant scope and duration exists, that a severe in-19

crease in the price of refined petroleum product will likely 20

result from such shortage, and that a draw down and sale 21

of refined petroleum product would assist directly and sig-22

nificantly in reducing the adverse impact of such shortage, 23

the Secretary of Energy may draw down and sell refined 24

petroleum product from the Strategic Petroleum Reserve. 25

November 2, 2020 (4:35 p.m.)

58


Proceeds from a sale under this section shall be deposited 1

into the SPR Petroleum Account established in section 2

167 of the Energy Policy and Conservation Act (42 U.S.C. 3

6247), and such amounts shall be available for obligation, 4

without fiscal year limitation, consistent with that section. 5

November 2, 2020 (4:35 p.m.)

59


TITLE IV 1

INDEPENDENT AGENCIES 2

APPALACHIAN REGIONAL COMMISSION 3

For expenses necessary to carry out the programs au-4

thorized by the Appalachian Regional Development Act of 5

1965, and for expenses necessary for the Federal Co- 6

Chairman and the Alternate on the Appalachian Regional 7

Commission, for payment of the Federal share of the ad-8

ministrative expenses of the Commission, including serv-9

ices as authorized by 5 U.S.C. 3109, and hire of passenger 10

motor vehicles, $180,000,000, to remain available until ex-11

pended. 12

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 13

SALARIES AND EXPENSES 14

For expenses necessary for the Defense Nuclear Fa-

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