IB
Union Calendar No. 98
118THCONGRESS
1
STSESSION H. R. 4394
[Report No. 118–126]
Making appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2024, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE30, 2023
Mr. F
LEISCHMANN, from the Committee on Appropriations, reported the fol-
lowing bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
A BILL
Making appropriations for energy and water development
and related agencies for the fiscal year ending September
30, 2024, and for other purposes.
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 4394 RH
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That 3
TITLE I 4
CORPS OF ENGINEERS—CIVIL 5
DEPARTMENT OF THE ARMY 6
C
ORPS OFENGINEERS—CIVIL 7
The following appropriations shall be expended under 8
the direction of the Secretary of the Army and the super-9
vision of the Chief of Engineers for authorized civil func-10
tions of the Department of the Army pertaining to river 11
and harbor, flood and storm damage reduction, shore pro-12
tection, aquatic ecosystem restoration, and related efforts. 13
INVESTIGATIONS 14
For expenses necessary where authorized by law for 15
the collection and study of basic information pertaining 16
to river and harbor, flood and storm damage reduction, 17
shore protection, aquatic ecosystem restoration, and re-18
lated needs; for surveys and detailed studies, and plans 19
and specifications of proposed river and harbor, flood and 20
storm damage reduction, shore protection, and aquatic 21
ecosystem restoration projects, and related efforts prior to 22
construction; for restudy of authorized projects; and for 23
miscellaneous investigations, and, when authorized by law, 24
surveys and detailed studies, and plans and specifications 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 3
•HR 4394 RH
of projects prior to construction, $136,087,000, to remain 1
available until expended: Provided, That the Secretary 2
shall not deviate from the work plan, once the plan has 3
been submitted to the Committees on Appropriations of 4
both Houses of Congress. 5
CONSTRUCTION 6
For expenses necessary for the construction of river 7
and harbor, flood and storm damage reduction, shore pro-8
tection, aquatic ecosystem restoration, and related 9
projects authorized by law; for conducting detailed studies, 10
and plans and specifications, of such projects (including 11
those involving participation by States, local governments, 12
or private groups) authorized or made eligible for selection 13
by law (but such detailed studies, and plans and specifica-14
tions, shall not constitute a commitment of the Govern-15
ment to construction); $2,889,942,000, to remain avail-16
able until expended; of which $74,152,000, to be derived 17
from the Harbor Maintenance Trust Fund, shall be to 18
cover the Federal share of construction costs for facilities 19
under the Dredged Material Disposal Facilities program; 20
and of which such sums as are necessary to cover 35 per-21
cent of the costs of construction, replacement, rehabilita-22
tion, and expansion of inland waterways projects shall be 23
derived from the Inland Waterways Trust Fund, except 24
as otherwise specifically provided for in law: Provided, 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 4
•HR 4394 RH
That the Secretary shall not deviate from the work plan, 1
once the plan has been submitted to the Committees on 2
Appropriations of both Houses of Congress. 3
MISSISSIPPI RIVER AND TRIBUTARIES 4
For expenses necessary for flood damage reduction 5
projects and related efforts in the Mississippi River allu-6
vial valley below Cape Girardeau, Missouri, as authorized 7
by law, $364,349,000, to remain available until expended, 8
of which $5,457,000, to be derived from the Harbor Main-9
tenance Trust Fund, shall be to cover the Federal share 10
of eligible operation and maintenance costs for inland har-11
bors: Provided, That the Secretary shall not deviate from 12
the work plan, once the plan has been submitted to the 13
Committees on Appropriations of both Houses of Con-14
gress. 15
OPERATION AND MAINTENANCE 16
For expenses necessary for the operation, mainte-17
nance, and care of existing river and harbor, flood and 18
storm damage reduction, aquatic ecosystem restoration, 19
and related projects authorized by law; providing security 20
for infrastructure owned or operated by the Corps, includ-21
ing administrative buildings and laboratories; maintaining 22
harbor channels provided by a State, municipality, or 23
other public agency that serve essential navigation needs 24
of general commerce, where authorized by law; surveying 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 5
•HR 4394 RH
and charting northern and northwestern lakes and con-1
necting waters; clearing and straightening channels; and 2
removing obstructions to navigation, $5,496,622,000, to 3
remain available until expended, of which $2,691,391,000, 4
to be derived from the Harbor Maintenance Trust Fund, 5
shall be to cover the Federal share of eligible operations 6
and maintenance costs for coastal harbors and channels, 7
and for inland harbors; of which such sums as become 8
available from the special account for the Corps of Engi-9
neers established by the Land and Water Conservation 10
Fund Act of 1965 shall be derived from that account for 11
resource protection, research, interpretation, and mainte-12
nance activities related to resource protection in the areas 13
at which outdoor recreation is available; of which such 14
sums as become available from fees collected under section 15
217 of Public Law 104–303 shall be used to cover the 16
cost of operation and maintenance of the dredged material 17
disposal facilities for which such fees have been collected; 18
and of which $58,000,000, to be derived from the general 19
fund of the Treasury, shall be to carry out subsection (c) 20
of section 2106 of the Water Resources Reform and Devel-21
opment Act of 2014 (33 U.S.C. 2238c) and shall be des-22
ignated as being for such purpose pursuant to paragraph 23
(2) of section 14003 of division B of the Coronavirus Aid, 24
Relief, and Economic Security Act (Public Law 116–136): 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 6
•HR 4394 RH
Provided, That 1 percent of the total amount of funds pro-1
vided for each of the programs, projects, or activities fund-2
ed under this heading shall not be allocated to a field oper-3
ating activity prior to the beginning of the fourth quarter 4
of the fiscal year and shall be available for use by the Chief 5
of Engineers to fund such emergency activities as the 6
Chief of Engineers determines to be necessary and appro-7
priate, and that the Chief of Engineers shall allocate dur-8
ing the fourth quarter any remaining funds which have 9
not been used for emergency activities proportionally in 10
accordance with the amounts provided for the programs, 11
projects, or activities: Provided further, That the Secretary 12
shall not deviate from the work plan, once the plan has 13
been submitted to the Committees on Appropriations of 14
both Houses of Congress. 15
REGULATORY PROGRAM 16
For expenses necessary for administration of laws 17
pertaining to regulation of navigable waters and wetlands, 18
$218,000,000, to remain available until September 30, 19
2025. 20
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 21
For expenses necessary to clean up contamination 22
from sites in the United States resulting from work per-23
formed as part of the Nation’s early atomic energy pro-24
gram, $200,000,000, to remain available until expended. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 7
•HR 4394 RH
FLOOD CONTROL AND COASTAL EMERGENCIES 1
For expenses necessary to prepare for flood, hurri-2
cane, and other natural disasters and support emergency 3
operations, repairs, and other activities in response to 4
such disasters as authorized by law, $40,000,000, to re-5
main available until expended. 6
EXPENSES 7
For expenses necessary for the supervision and gen-8
eral administration of the civil works program in the head-9
quarters of the Corps of Engineers and the offices of the 10
Division Engineers; and for costs of management and op-11
eration of the Humphreys Engineer Center Support Activ-12
ity, the Institute for Water Resources, the United States 13
Army Engineer Research and Development Center, and 14
the United States Army Corps of Engineers Finance Cen-15
ter allocable to the civil works program, $215,000,000, to 16
remain available until September 30, 2025, of which not 17
to exceed $5,000 may be used for official reception and 18
representation purposes and only during the current fiscal 19
year: Provided, That no part of any other appropriation 20
provided in this title shall be available to fund the civil 21
works activities of the Office of the Chief of Engineers 22
or the civil works executive direction and management ac-23
tivities of the division offices: Provided further, That any 24
Flood Control and Coastal Emergencies appropriation 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 8
•HR 4394 RH
may be used to fund the supervision and general adminis-1
tration of emergency operations, repairs, and other activi-2
ties in response to any flood, hurricane, or other natural 3
disaster. 4
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 5
FOR CIVIL WORKS 6
For the Office of the Assistant Secretary of the Army 7
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 8
$5,000,000, to remain available until September 30, 2025: 9
Provided, That not more than 25 percent of such amount 10
may be obligated or expended until the Assistant Sec-11
retary submits to the Committees on Appropriations of 12
both Houses of Congress the report required under section 13
101(d) of this Act and a work plan that allocates at least 14
95 percent of the additional funding provided under each 15
heading in the report accompanying this Act to specific 16
programs, projects, or activities. 17
WATER INFRASTRUCTURE FINANCE AND INNOVATION 18
PROGRAM ACCOUNT 19
For administrative expenses to carry out the direct 20
and guaranteed loan programs authorized by the Water 21
Infrastructure Finance and Innovation Act of 2014, 22
$5,000,000, to remain available until September 30, 2025. 23
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 9
•HR 4394 RH
GENERAL PROVISIONS—CORPS OF 1
ENGINEERS—CIVIL 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 101. (a) None of the funds provided in title I 4
of this Act, or provided by previous appropriations Acts 5
to the agencies or entities funded in title I of this Act 6
that remain available for obligation or expenditure in fiscal 7
year 2024, shall be available for obligation or expenditure 8
through a reprogramming of funds that: 9
(1) creates or initiates a new program, project, 10
or activity; 11
(2) eliminates a program, project, or activity; 12
(3) increases funds or personnel for any pro-13
gram, project, or activity for which funds have been 14
denied or restricted by this Act, unless prior ap-15
proval is received from the Committees on Appro-16
priations of both Houses of Congress; 17
(4) proposes to use funds directed for a specific 18
activity for a different purpose, unless prior approval 19
is received from the Committees on Appropriations 20
of both Houses of Congress; 21
(5) augments or reduces existing programs, 22
projects, or activities in excess of the amounts con-23
tained in paragraphs (6) through (10), unless prior 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 10
•HR 4394 RH
approval is received from the Committees on Appro-1
priations of both Houses of Congress; 2
(6) I
NVESTIGATIONS.—For a base level over 3
$100,000, reprogramming of 25 percent of the base 4
amount up to a limit of $150,000 per project, study 5
or activity is allowed: Provided, That for a base level 6
less than $100,000, the reprogramming limit is 7
$25,000: Provided further, That up to $25,000 may 8
be reprogrammed into any continuing study or activ-9
ity that did not receive an appropriation for existing 10
obligations and concomitant administrative expenses; 11
(7) C
ONSTRUCTION.—For a base level over 12
$2,000,000, reprogramming of 15 percent of the 13
base amount up to a limit of $3,000,000 per project, 14
study or activity is allowed: Provided, That for a 15
base level less than $2,000,000, the reprogramming 16
limit is $300,000: Provided further, That up to 17
$3,000,000 may be reprogrammed for settled con-18
tractor claims, changed conditions, or real estate de-19
ficiency judgments: Provided further, That up to 20
$300,000 may be reprogrammed into any continuing 21
study or activity that did not receive an appropria-22
tion for existing obligations and concomitant admin-23
istrative expenses; 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 11
•HR 4394 RH
(8) OPERATION AND MAINTENANCE .—Unlim-1
ited reprogramming authority is granted for the 2
Corps to be able to respond to emergencies: Pro-3
vided, That the Chief of Engineers shall notify the 4
Committees on Appropriations of both Houses of 5
Congress of these emergency actions as soon there-6
after as practicable: Provided further, That for a 7
base level over $1,000,000, reprogramming of 15 8
percent of the base amount up to a limit of 9
$5,000,000 per project, study, or activity is allowed: 10
Provided further, That for a base level less than 11
$1,000,000, the reprogramming limit is $150,000: 12
Provided further, That $150,000 may be repro-13
grammed into any continuing study or activity that 14
did not receive an appropriation; 15
(9) M
ISSISSIPPI RIVER AND TRIBUTARIES .— 16
The reprogramming guidelines in paragraphs (6), 17
(7), and (8) shall apply to the Investigations, Con-18
struction, and Operation and Maintenance portions 19
of the Mississippi River and Tributaries Account, re-20
spectively; and 21
(10) F
ORMERLY UTILIZED SITES REMEDIAL AC -22
TION PROGRAM.—Reprogramming of up to 15 per-23
cent of the base of the receiving project is permitted. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 12
•HR 4394 RH
(b) DEMINIMUSREPROGRAMMINGS.—In no case 1
should a reprogramming for less than $50,000 be sub-2
mitted to the Committees on Appropriations of both 3
Houses of Congress. 4
(c) C
ONTINUINGAUTHORITIESPROGRAM.—Sub-5
section (a)(1) shall not apply to any project or activity 6
funded under the continuing authorities program. 7
(d) Not later than 60 days after the date of enact-8
ment of this Act, the Secretary shall submit a report to 9
the Committees on Appropriations of both Houses of Con-10
gress to establish the baseline for application of re-11
programming and transfer authorities for the current fis-12
cal year which shall include: 13
(1) A table for each appropriation with a sepa-14
rate column to display the President’s budget re-15
quest, adjustments made by Congress, adjustments 16
due to enacted rescissions, if applicable, and the fis-17
cal year enacted level; 18
(2) A delineation in the table for each appro-19
priation both by object class and program, project 20
and activity as detailed in the budget appendix for 21
the respective appropriations; and 22
(3) An identification of items of special congres-23
sional interest. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 13
•HR 4394 RH
SEC. 102. The Secretary shall allocate funds made 1
available in this Act solely in accordance with the provi-2
sions of this Act and in the report accompanying this Act. 3
S
EC. 103. None of the funds made available in this 4
title may be used to award or modify any contract that 5
commits funds beyond the amounts appropriated for that 6
program, project, or activity that remain unobligated, ex-7
cept that such amounts may include any funds that have 8
been made available through reprogramming pursuant to 9
section 101. 10
S
EC. 104. The Secretary of the Army may transfer 11
to the Fish and Wildlife Service, and the Fish and Wildlife 12
Service may accept and expend, up to $8,200,000 of funds 13
provided in this title under the heading ‘‘Operation and 14
Maintenance’’ to mitigate for fisheries lost due to Corps 15
of Engineers projects. 16
S
EC. 105. None of the funds in this Act shall be used 17
for an open lake placement alternative for dredged mate-18
rial, after evaluating the least costly, environmentally ac-19
ceptable manner for the disposal or management of 20
dredged material originating from Lake Erie or tributaries 21
thereto, unless it is approved under a State water quality 22
certification pursuant to section 401 of the Federal Water 23
Pollution Control Act (33 U.S.C. 1341): Provided, That 24
until an open lake placement alternative for dredged mate-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 14
•HR 4394 RH
rial is approved under a State water quality certification, 1
the Corps of Engineers shall continue upland placement 2
of such dredged material consistent with the requirements 3
of section 101 of the Water Resources Development Act 4
of 1986 (33 U.S.C. 2211). 5
S
EC. 106. None of the funds made available by this 6
Act may be used to carry out any water supply reallocation 7
study under the Wolf Creek Dam, Lake Cumberland, Ken-8
tucky, project authorized under the Act of July 24, 1946 9
(60 Stat. 636, ch. 595). 10
S
EC. 107. None of the funds made available by this 11
Act or any other Act may be used to reorganize or to 12
transfer the Civil Works functions or authority of the 13
Corps of Engineers or the Secretary of the Army to an-14
other department or agency. 15
S
EC. 108. Additional funding provided in this Act 16
shall be allocated only to projects determined to be eligible 17
by the Chief of Engineers. 18
S
EC. 109. The rule submitted by the Department of 19
the Army, Corps of Engineers, Department of Defense, 20
and the Environmental Protection Agency relating to ‘‘Re-21
vised Definition of ‘Waters of the United States’’’ (88 22
Fed. Reg. 3004 (January 18, 2023)) shall have no force 23
or effect. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 15
•HR 4394 RH
SEC. 110. As of the date of enactment of this Act 1
and each fiscal year thereafter, the Secretary of the Army 2
shall not promulgate or enforce any regulation that pro-3
hibits an individual from possessing a firearm, including 4
an assembled or functional firearm, at a water resources 5
development project covered under section 327.0 of title 6
36, Code of Federal Regulations (as in effect on the date 7
of enactment of this Act) if: 8
(1) the individual is not otherwise prohibited by 9
law from possessing a firearm; and 10
(2) the possession of the firearm is in compli-11
ance with the law of the State in which the water 12
resources development project is located. 13
S
EC. 111. None of the funds made available by this 14
Act or any other Act in any fiscal year may be used to 15
alter the eligibility requirements for assistance under sec-16
tion 5 of the Act of August 18, 1941 (33 U.S.C. 701n) 17
in effect on November 14, 2022, without express author-18
ization by Congress. 19
S
EC. 112. Notwithstanding any other requirement, 20
unobligated balances from amounts made available under 21
the heading ‘‘Corps of Engineers—Civil—Construction’’ 22
in division J of the Infrastructure Investment and Jobs 23
Act (Public Law 117–58) for which spend plan allocations 24
have not been announced as of the date of enactment of 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 16
•HR 4394 RH
this Act may be made available for projects, regardless 1
of project purpose, that have previously received funds 2
under the heading ‘‘Corps of Engineers—Civil—Construc-3
tion’’ in the Bipartisan Budget Act of 2018 (Public Law 4
115–123) and for which non-Federal interests have en-5
tered into binding agreements with the Secretary as of the 6
date of enactment of this Act: Provided, That projects re-7
ceiving Infrastructure Investment and Jobs Act (Public 8
Law 117–58) funding pursuant to this section shall be 9
subject only to the terms and conditions of the Bipartisan 10
Budget Act of 2018 (Public Law 115–123): Provided fur-11
ther, That amounts repurposed pursuant to this section 12
that were previously designated by the Congress as an 13
emergency requirement pursuant to the Balanced Budget 14
and Emergency Deficit Control Act of 1985 or a concur-15
rent resolution on the budget are designated by the Con-16
gress as an emergency requirement pursuant to section 17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
Deficit Control Act of 1985. 19
TITLE II 20
DEPARTMENT OF THE INTERIOR 21
C
ENTRALUTAHPROJECT 22
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 23
For carrying out activities authorized by the Central 24
Utah Project Completion Act, $23,000,000, to remain 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 17
•HR 4394 RH
available until expended, of which $4,650,000 shall be de-1
posited into the Utah Reclamation Mitigation and Con-2
servation Account for use by the Utah Reclamation Miti-3
gation and Conservation Commission: Provided, That of 4
the amount provided under this heading, $1,750,000 shall 5
be available until September 30, 2025, for expenses nec-6
essary in carrying out related responsibilities of the Sec-7
retary of the Interior: Provided further, That for fiscal 8
year 2024, of the amount made available to the Commis-9
sion under this Act or any other Act, the Commission may 10
use an amount not to exceed $1,990,000 for administra-11
tive expenses. 12
B
UREAU OFRECLAMATION 13
The following appropriations shall be expended to 14
execute authorized functions of the Bureau of Reclama-15
tion: 16
WATER AND RELATED RESOURCES 17
(INCLUDING TRANSFERS OF FUNDS) 18
For management, development, and restoration of 19
water and related natural resources and for related activi-20
ties, including the operation, maintenance, and rehabilita-21
tion of reclamation and other facilities, participation in 22
fulfilling related Federal responsibilities to Native Ameri-23
cans, and related grants to, and cooperative and other 24
agreements with, State and local governments, federally 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 18
•HR 4394 RH
recognized Indian Tribes, and others, $1,693,366,000, to 1
remain available until expended, of which $1,051,000 shall 2
be available for transfer to the Upper Colorado River 3
Basin Fund and $7,584,000 shall be available for transfer 4
to the Lower Colorado River Basin Development Fund; 5
of which such amounts as may be necessary may be ad-6
vanced to the Colorado River Dam Fund: Provided, That 7
$500,000 shall be available for transfer into the Aging In-8
frastructure Account established by section 9603(d)(1) of 9
the Omnibus Public Land Management Act of 2009, as 10
amended (43 U.S.C. 510b(d)(1)): Provided further, That 11
such transfers, except for the transfer authorized by the 12
preceding proviso, may be increased or decreased within 13
the overall appropriation under this heading: Provided fur-14
ther, That of the total appropriated, the amount for pro-15
gram activities that can be financed by the Reclamation 16
Fund, the Water Storage Enhancement Receipts account 17
established by section 4011(e) of Public Law 114–322, or 18
the Bureau of Reclamation special fee account established 19
by 16 U.S.C. 6806 shall be derived from that Fund or 20
account: Provided further, That funds contributed under 21
43 U.S.C. 395 are available until expended for the pur-22
poses for which the funds were contributed: Provided fur-23
ther, That funds advanced under 43 U.S.C. 397a shall be 24
credited to this account and are available until expended 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 19
•HR 4394 RH
for the same purposes as the sums appropriated under this 1
heading: Provided further, That of the amounts made 2
available under this heading, $5,500,000 shall be depos-3
ited in the San Gabriel Basin Restoration Fund estab-4
lished by section 110 of title I of division B of appendix 5
D of Public Law 106–554: Provided further, That of the 6
amounts provided herein, funds may be used for high-pri-7
ority projects which shall be carried out by the Youth Con-8
servation Corps, as authorized by 16 U.S.C. 1706: Pro-9
vided further, That within available funds, $250,000 shall 10
be for grants and financial assistance for educational ac-11
tivities: Provided further, That in accordance with section 12
4007 of Public Law 114–322 and as recommended by the 13
Secretary in letters dated February 13, 2019, June 22, 14
2020, and December 3, 2020, funding provided for such 15
purpose in this and prior fiscal years shall be made avail-16
able to the Shasta Dam and Reservoir Enlargement 17
Project. 18
CENTRAL VALLEY PROJECT RESTORATION FUND 19
For carrying out the programs, projects, plans, habi-20
tat restoration, improvement, and acquisition provisions of 21
the Central Valley Project Improvement Act, such sums 22
as may be collected in fiscal year 2024 in the Central Val-23
ley Project Restoration Fund pursuant to sections 24
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 20
•HR 4394 RH
to remain available until expended: Provided, That the Bu-1
reau of Reclamation is directed to assess and collect the 2
full amount of the additional mitigation and restoration 3
payments authorized by section 3407(d) of Public Law 4
102–575: Provided further, That none of the funds made 5
available under this heading may be used for the acquisi-6
tion or leasing of water for in-stream purposes if the water 7
is already committed to in-stream purposes by a court 8
adopted decree or order. 9
CALIFORNIA BAY-DELTA RESTORATION 10
(INCLUDING TRANSFERS OF FUNDS) 11
For carrying out activities authorized by the Water 12
Supply, Reliability, and Environmental Improvement Act, 13
consistent with plans to be approved by the Secretary of 14
the Interior, $33,000,000, to remain available until ex-15
pended, of which such amounts as may be necessary to 16
carry out such activities may be transferred to appropriate 17
accounts of other participating Federal agencies to carry 18
out authorized purposes: Provided, That funds appro-19
priated herein may be used for the Federal share of the 20
costs of Calfed Program management: Provided further, 21
That Calfed implementation shall be carried out in a bal-22
anced manner with clear performance measures dem-23
onstrating concurrent progress in achieving the goals and 24
objectives of the Program. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 21
•HR 4394 RH
POLICY AND ADMINISTRATION 1
For expenses necessary for policy, administration, 2
and related functions in the Office of the Commissioner, 3
the Denver office, and offices in the six regions of the Bu-4
reau of Reclamation, to remain available until September 5
30, 2025, $65,079,000, to be derived from the Reclama-6
tion Fund and be nonreimbursable as provided in 43 7
U.S.C. 377, of which not to exceed $5,000 may be used 8
for official reception and representation expenses: Pro-9
vided, That no part of any other appropriation in this Act 10
shall be available for activities or functions budgeted as 11
policy and administration expenses. 12
ADMINISTRATIVE PROVISION 13
Appropriations for the Bureau of Reclamation shall 14
be available for purchase and replacement of not to exceed 15
30 motor vehicles, which are for replacement only. 16
GENERAL PROVISIONS—DEPARTMENT OF THE 17
INTERIOR 18
S
EC. 201. (a) None of the funds provided in title II 19
of this Act for Water and Related Resources, or provided 20
by previous or subsequent appropriations Acts to the agen-21
cies or entities funded in title II of this Act for Water 22
and Related Resources that remain available for obligation 23
or expenditure in fiscal year 2024, shall be available for 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 22
•HR 4394 RH
obligation or expenditure through a reprogramming of 1
funds that— 2
(1) initiates or creates a new program, project, 3
or activity; 4
(2) eliminates a program, project, or activity; 5
(3) increases funds for any program, project, or 6
activity for which funds have been denied or re-7
stricted by this Act, unless prior approval is received 8
from the Committees on Appropriations of both 9
Houses of Congress; 10
(4) restarts or resumes any program, project or 11
activity for which funds are not provided in this Act, 12
unless prior approval is received from the Commit-13
tees on Appropriations of both Houses of Congress; 14
(5) transfers funds in excess of the following 15
limits, unless prior approval is received from the 16
Committees on Appropriations of both Houses of 17
Congress: 18
(A) 15 percent for any program, project or 19
activity for which $2,000,000 or more is avail-20
able at the beginning of the fiscal year; or 21
(B) $400,000 for any program, project or 22
activity for which less than $2,000,000 is avail-23
able at the beginning of the fiscal year; 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 23
•HR 4394 RH
(6) transfers more than $500,000 from either 1
the Facilities Operation, Maintenance, and Rehabili-2
tation category or the Resources Management and 3
Development category to any program, project, or 4
activity in the other category, unless prior approval 5
is received from the Committees on Appropriations 6
of both Houses of Congress; or 7
(7) transfers, where necessary to discharge legal 8
obligations of the Bureau of Reclamation, more than 9
$5,000,000 to provide adequate funds for settled 10
contractor claims, increased contractor earnings due 11
to accelerated rates of operations, and real estate de-12
ficiency judgments, unless prior approval is received 13
from the Committees on Appropriations of both 14
Houses of Congress. 15
(b) Subsection (a)(5) shall not apply to any transfer 16
of funds within the Facilities Operation, Maintenance, and 17
Rehabilitation category. 18
(c) For purposes of this section, the term ‘‘transfer’’ 19
means any movement of funds into or out of a program, 20
project, or activity. 21
(d) Except as provided in subsections (a) and (b), the 22
amounts made available in this title under the heading 23
‘‘Bureau of Reclamation—Water and Related Resources’’ 24
shall be expended for the programs, projects, and activities 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 24
•HR 4394 RH
specified in the ‘‘House Recommended’’ columns in the 1
‘‘Water and Related Resources’’ table included under the 2
heading ‘‘Title II—Department of the Interior’’ in the re-3
port accompanying this Act. 4
(e) The Bureau of Reclamation shall submit reports 5
on a quarterly basis to the Committees on Appropriations 6
of both Houses of Congress detailing all the funds repro-7
grammed between programs, projects, activities, or cat-8
egories of funding. The first quarterly report shall be sub-9
mitted not later than 60 days after the date of enactment 10
of this Act. 11
S
EC. 202. (a) None of the funds appropriated or oth-12
erwise made available by this Act may be used to deter-13
mine the final point of discharge for the interceptor drain 14
for the San Luis Unit until development by the Secretary 15
of the Interior and the State of California of a plan, which 16
shall conform to the water quality standards of the State 17
of California as approved by the Administrator of the En-18
vironmental Protection Agency, to minimize any detri-19
mental effect of the San Luis drainage waters. 20
(b) The costs of the Kesterson Reservoir Cleanup 21
Program and the costs of the San Joaquin Valley Drain-22
age Program shall be classified by the Secretary of the 23
Interior as reimbursable or nonreimbursable and collected 24
until fully repaid pursuant to the ‘‘Cleanup Program— 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 25
•HR 4394 RH
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-1
native Repayment Plan’’ described in the report entitled 2
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-3
gram and San Joaquin Valley Drainage Program, Feb-4
ruary 1995’’, prepared by the Department of the Interior, 5
Bureau of Reclamation. Any future obligations of funds 6
by the United States relating to, or providing for, drainage 7
service or drainage studies for the San Luis Unit shall 8
be fully reimbursable by San Luis Unit beneficiaries of 9
such service or studies pursuant to Federal reclamation 10
law. 11
TITLE III 12
DEPARTMENT OF ENERGY 13
ENERGY PROGRAMS 14
E
NERGYEFFICIENCY ANDRENEWABLEENERGY 15
For Department of Energy expenses including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment, and other expenses necessary for energy 18
efficiency and renewable energy activities in carrying out 19
the purposes of the Department of Energy Organization 20
Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
condemnation of any real property or any facility or for 22
plant or facility acquisition, construction, or expansion, 23
$2,994,000,000, to remain available until expended: Pro-24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 26
•HR 4394 RH
vided, That of such amount, $223,000,000 shall be avail-1
able until September 30, 2025, for program direction. 2
C
YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 3
R
ESPONSE 4
For Department of Energy expenses including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment, and other expenses necessary for energy 7
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, $200,000,000, to remain 13
available until expended: Provided, That of such amount, 14
$25,143,000 shall be available until September 30, 2025, 15
for program direction. 16
E
LECTRICITY 17
For Department of Energy expenses including the 18
purchase, construction, and acquisition of plant and cap-19
ital equipment, and other expenses necessary for elec-20
tricity activities in carrying out the purposes of the De-21
partment of Energy Organization Act (42 U.S.C. 7101 et 22
seq.), including the acquisition or condemnation of any 23
real property or any facility or for plant or facility acquisi-24
tion, construction, or expansion, $315,600,000, to remain 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 27
•HR 4394 RH
available until expended: Provided, That of such amount, 1
$23,000,000 shall be available until September 30, 2025, 2
for program direction. 3
N
UCLEARENERGY 4
For Department of Energy expenses including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment, and other expenses necessary for nuclear 7
energy activities in carrying out the purposes of the De-8
partment of Energy Organization Act (42 U.S.C. 7101 et 9
seq.), including the acquisition or condemnation of any 10
real property or any facility or for plant or facility acquisi-11
tion, construction, or expansion, $1,783,000,000, to re-12
main available until expended. Provided, That of such 13
amount, $85,500,000 shall be available until September 14
30, 2025, for program direction: Provided further, That 15
for the purpose of section 954(a)(6) of the Energy Policy 16
Act of 2005, as amended, the only amount available shall 17
be from the amount specified as including that purpose 18
in the ‘‘House Recommended’’ column in the ‘‘Department 19
of Energy’’ table included under the heading ‘‘Title III— 20
Department of Energy’’ in the report accompanying this 21
Act. 22
F
OSSILENERGY ANDCARBONMANAGEMENT 23
For Department of Energy expenses necessary in car-24
rying out fossil energy and carbon management research 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 28
•HR 4394 RH
and development activities, under the authority of the De-1
partment of Energy Organization Act (42 U.S.C. 7101 et 2
seq.), including the acquisition of interest, including defea-3
sible and equitable interests in any real property or any 4
facility or for plant or facility acquisition or expansion, 5
and for conducting inquiries, technological investigations 6
and research concerning the extraction, processing, use, 7
and disposal of mineral substances without objectionable 8
social and environmental costs (30 U.S.C. 3, 1602, and 9
1603), $857,904,000, to remain available until expended: 10
Provided, That of such amount $70,000,000 shall be avail-11
able until September 30, 2025, for program direction. 12
N
AVALPETROLEUM AND OILSHALERESERVES 13
For Department of Energy expenses necessary to 14
carry out naval petroleum and oil shale reserve activities, 15
$13,010,000, to remain available until expended: Pro-16
vided, That notwithstanding any other provision of law, 17
unobligated funds remaining from prior years shall be 18
available for all naval petroleum and oil shale reserve ac-19
tivities. 20
S
TRATEGICPETROLEUMRESERVE 21
For Department of Energy expenses necessary for 22
Strategic Petroleum Reserve facility development and op-23
erations and program management activities pursuant to 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 29
•HR 4394 RH
the Energy Policy and Conservation Act (42 U.S.C. 6201 1
et seq.), $280,969,000, to remain available until expended. 2
N
ORTHEASTHOMEHEATINGOILRESERVE 3
For Department of Energy expenses necessary for 4
Northeast Home Heating Oil Reserve storage, operation, 5
and management activities pursuant to the Energy Policy 6
and Conservation Act (42 U.S.C. 6201 et seq.), 7
$7,150,000, to remain available until expended. 8
E
NERGYINFORMATIONADMINISTRATION 9
For Department of Energy expenses necessary in car-10
rying out the activities of the Energy Information Admin-11
istration, $135,000,000, to remain available until ex-12
pended. 13
N
ON-DEFENSEENVIRONMENTAL CLEANUP 14
For Department of Energy expenses, including the 15
purchase, construction, and acquisition of plant and cap-16
ital equipment and other expenses necessary for non-de-17
fense environmental cleanup activities in carrying out the 18
purposes of the Department of Energy Organization Act 19
(42 U.S.C. 7101 et seq.), including the acquisition or con-20
demnation of any real property or any facility or for plant 21
or facility acquisition, construction, or expansion, 22
$341,700,000, to remain available until expended: Pro-23
vided, That in addition, fees collected pursuant to sub-24
section (b)(1) of section 6939f of title 42, United States 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 30
•HR 4394 RH
Code, and deposited under this heading in fiscal year 2024 1
pursuant to section 309 of title III of division C of Public 2
Law 116–94 are appropriated, to remain available until 3
expended, for mercury storage costs. 4
U
RANIUMENRICHMENTDECONTAMINATION AND 5
D
ECOMMISSIONINGFUND 6
For Department of Energy expenses necessary in car-7
rying out uranium enrichment facility decontamination 8
and decommissioning, remedial actions, and other activi-9
ties of title II of the Atomic Energy Act of 1954, and 10
title X, subtitle A, of the Energy Policy Act of 1992, 11
$865,208,000, to be derived from the Uranium Enrich-12
ment Decontamination and Decommissioning Fund, to re-13
main available until expended, of which $10,000,000 shall 14
be available in accordance with title X, subtitle A, of the 15
Energy Policy Act of 1992. 16
S
CIENCE 17
For Department of Energy expenses including the 18
purchase, construction, and acquisition of plant and cap-19
ital equipment, and other expenses necessary for science 20
activities in carrying out the purposes of the Department 21
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-22
cluding the acquisition or condemnation of any real prop-23
erty or any facility or for plant or facility acquisition, con-24
struction, or expansion, and purchase of not more than 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 31
•HR 4394 RH
35 passenger motor vehicles, $8,100,000,000, to remain 1
available until expended: Provided, That of such amount, 2
$211,211,000 shall be available until September 30, 2025, 3
for program direction. 4
N
UCLEARWASTEDISPOSAL 5
For Department of Energy expenses necessary for 6
nuclear waste disposal activities to carry out the purposes 7
of the Nuclear Waste Policy Act of 1982, Public Law 97– 8
425, as amended, $12,040,000, to remain available until 9
expended, which shall be derived from the Nuclear Waste 10
Fund. 11
T
ECHNOLOGYTRANSITIONS 12
For Department of Energy expenses necessary for 13
carrying out the activities of technology transitions, 14
$22,098,000, to remain available until expended: Pro-15
vided, That of such amount, $13,183,000 shall be avail-16
able until September 30, 2025, for program direction. 17
C
LEANENERGYDEMONSTRATIONS 18
For Department of Energy expenses necessary to 19
carry out program direction of the Office of Clean Energy 20
Demonstrations, $35,000,000, to remain available until 21
September 30, 2025. 22
A
DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 23
For Department of Energy expenses necessary in car-24
rying out the activities authorized by section 5012 of the 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 32
•HR 4394 RH
America COMPETES Act (Public Law 110–69), 1
$470,000,000, to remain available until expended: Pro-2
vided, That of such amount, $37,000,000 shall be avail-3
able until September 30, 2025, for program direction. 4
T
ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 5
P
ROGRAM 6
Such sums as are derived from amounts received 7
from borrowers pursuant to section 1702(b) of the Energy 8
Policy Act of 2005 under this heading in prior Acts, shall 9
be collected in accordance with section 502(7) of the Con-10
gressional Budget Act of 1974: Provided, That for nec-11
essary administrative expenses of the Title 17 Innovative 12
Technology Loan Guarantee Program, as authorized, 13
$70,000,000 is appropriated, to remain available until 14
September 30, 2025: Provided further, That up to 15
$70,000,000 of fees collected in fiscal year 2024 pursuant 16
to section 1702(h) of the Energy Policy Act of 2005 shall 17
be credited as offsetting collections under this heading and 18
used for necessary administrative expenses in this appro-19
priation and shall remain available until September 30, 20
2025: Provided further, That to the extent that fees col-21
lected in fiscal year 2024 exceed $70,000,000, those ex-22
cess amounts shall be credited as offsetting collections 23
under this heading and available in future fiscal years only 24
to the extent provided in advance in appropriations Acts: 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 33
•HR 4394 RH
Provided further, That the sum herein appropriated from 1
the general fund shall be reduced (1) as such fees are re-2
ceived during fiscal year 2024 (estimated at $70,000,000) 3
and (2) to the extent that any remaining general fund ap-4
propriations can be derived from fees collected in previous 5
fiscal years that are not otherwise appropriated, so as to 6
result in a final fiscal year 2024 appropriation from the 7
general fund estimated at $0: Provided further, That the 8
Department of Energy shall not subordinate any loan obli-9
gation to other financing in violation of section 1702 of 10
the Energy Policy Act of 2005 or subordinate any Guaran-11
teed Obligation to any loan or other debt obligations in 12
violation of section 609.10 of title 10, Code of Federal 13
Regulations. 14
A
DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 15
L
OANPROGRAM 16
For Department of Energy administrative expenses 17
necessary in carrying out the Advanced Technology Vehi-18
cles Manufacturing Loan Program, $13,000,000, to re-19
main available until September 30, 2025. 20
T
RIBALENERGYLOANGUARANTEEPROGRAM 21
For Department of Energy administrative expenses 22
necessary in carrying out the Tribal Energy Loan Guar-23
antee Program, $6,300,000, to remain available until Sep-24
tember 30, 2025. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 34
•HR 4394 RH
INDIANENERGYPOLICY ANDPROGRAMS 1
For necessary expenses for Indian Energy activities 2
in carrying out the purposes of the Department of Energy 3
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 4
to remain available until expended: Provided, That of the 5
amount appropriated under this heading, $14,000,000 6
shall be available until September 30, 2025, for program 7
direction. 8
D
EPARTMENTAL ADMINISTRATION 9
For salaries and expenses of the Department of En-10
ergy necessary for departmental administration in car-11
rying out the purposes of the Department of Energy Orga-12
nization Act (42 U.S.C. 7101 et seq.), $383,578,000, to 13
remain available until September 30, 2025, including the 14
hire of passenger motor vehicles and official reception and 15
representation expenses not to exceed $30,000, plus such 16
additional amounts as necessary to cover increases in the 17
estimated amount of cost of work for others notwith-18
standing the provisions of the Anti-Deficiency Act (31 19
U.S.C. 1511 et seq.): Provided, That such increases in cost 20
of work are offset by revenue increases of the same or 21
greater amount: Provided further, That moneys received 22
by the Department for miscellaneous revenues estimated 23
to total $100,578,000 in fiscal year 2024 may be retained 24
and used for operating expenses within this account, as 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 35
•HR 4394 RH
authorized by section 201 of Public Law 95–238, notwith-1
standing the provisions of 31 U.S.C. 3302: Provided fur-2
ther, That the sum herein appropriated shall be reduced 3
as collections are received during the fiscal year so as to 4
result in a final fiscal year 2024 appropriation from the 5
general fund estimated at not more than $283,000,000. 6
O
FFICE OF THEINSPECTORGENERAL 7
For expenses necessary for the Office of the Inspector 8
General in carrying out the provisions of the Inspector 9
General Act of 1978, $92,000,000, to remain available 10
until September 30, 2025. 11
ATOMIC ENERGY DEFENSE ACTIVITIES 12
NATIONAL NUCLEAR SECURITY 13
ADMINISTRATION 14
W
EAPONSACTIVITIES 15
For Department of Energy expenses, including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment and other incidental expenses necessary for 18
atomic energy defense weapons activities in carrying out 19
the purposes of the Department of Energy Organization 20
Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
condemnation of any real property or any facility or for 22
plant or facility acquisition, construction, or expansion, 23
$19,114,167,000, to remain available until expended: Pro-24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 36
•HR 4394 RH
vided, That of such amount, $118,056,000 shall be avail-1
able until September 30, 2025, for program direction. 2
D
EFENSENUCLEARNONPROLIFERATION 3
For Department of Energy expenses, including the 4
purchase, construction, and acquisition of plant and cap-5
ital equipment and other incidental expenses necessary for 6
defense nuclear nonproliferation activities, in carrying out 7
the purposes of the Department of Energy Organization 8
Act (42 U.S.C. 7101 et seq.), including the acquisition or 9
condemnation of any real property or any facility or for 10
plant or facility acquisition, construction, or expansion, 11
$2,380,037,000, to remain available until expended. 12
N
AVALREACTORS 13
(INCLUDING TRANSFER OF FUNDS) 14
For Department of Energy expenses necessary for 15
naval reactors activities to carry out the Department of 16
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-17
ing the acquisition (by purchase, condemnation, construc-18
tion, or otherwise) of real property, plant, and capital 19
equipment, facilities, and facility expansion, 20
$1,946,049,000, to remain available until expended, of 21
which $99,747,000 shall be transferred to ‘‘Department 22
of Energy—Energy Programs—Nuclear Energy’’, for the 23
Advanced Test Reactor: Provided, That of such amount, 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 37
•HR 4394 RH
$61,540,000 shall be available until September 30, 2025, 1
for program direction. 2
F
EDERALSALARIES ANDEXPENSES 3
For expenses necessary for Federal Salaries and Ex-4
penses in the National Nuclear Security Administration, 5
$518,994,000, to remain available until September 30, 6
2025, including official reception and representation ex-7
penses not to exceed $17,000. 8
ENVIRONMENTAL AND OTHER DEFENSE 9
ACTIVITIES 10
D
EFENSEENVIRONMENTAL CLEANUP 11
For Department of Energy expenses, including the 12
purchase, construction, and acquisition of plant and cap-13
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, $7,073,556,000, to remain available until expended: 20
Provided, That of such amount, $326,893,000 shall be 21
available until September 30, 2025, for program direction. 22
O
THERDEFENSEACTIVITIES 23
For Department of Energy expenses, including the 24
purchase, construction, and acquisition of plant and cap-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 38
•HR 4394 RH
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, $1,075,197,000, to remain avail-7
able until expended: Provided, That of such amount, 8
$381,460,000 shall be available until September 30, 2025, 9
for program direction. 10
POWER MARKETING ADMINISTRATIONS 11
B
ONNEVILLEPOWERADMINISTRATIONFUND 12
Expenditures from the Bonneville Power Administra-13
tion Fund, established pursuant to Public Law 93–454, 14
are approved for official reception and representation ex-15
penses in an amount not to exceed $5,000: Provided, That 16
during fiscal year 2024, no new direct loan obligations 17
may be made. 18
O
PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 19
A
DMINISTRATION 20
For expenses necessary for operation and mainte-21
nance of power transmission facilities and for marketing 22
electric power and energy, including transmission wheeling 23
and ancillary services, pursuant to section 5 of the Flood 24
Control Act of 1944 (16 U.S.C. 825s), as applied to the 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 39
•HR 4394 RH
southeastern power area, $8,449,000, including official re-1
ception and representation expenses in an amount not to 2
exceed $1,500, to remain available until expended: Pro-3
vided, That notwithstanding 31 U.S.C. 3302 and section 4
5 of the Flood Control Act of 1944, up to $8,449,000 col-5
lected by the Southeastern Power Administration from the 6
sale of power and related services shall be credited to this 7
account as discretionary offsetting collections, to remain 8
available until expended for the sole purpose of funding 9
the annual expenses of the Southeastern Power Adminis-10
tration: Provided further, That the sum herein appro-11
priated for annual expenses shall be reduced as collections 12
are received during the fiscal year so as to result in a final 13
fiscal year 2024 appropriation estimated at not more than 14
$0: Provided further, That notwithstanding 31 U.S.C. 15
3302, up to $71,850,000 collected by the Southeastern 16
Power Administration pursuant to the Flood Control Act 17
of 1944 to recover purchase power and wheeling expenses 18
shall be credited to this account as offsetting collections, 19
to remain available until expended for the sole purpose 20
of making purchase power and wheeling expenditures: 21
Provided further, That for purposes of this appropriation, 22
annual expenses means expenditures that are generally re-23
covered in the same year that they are incurred (excluding 24
purchase power and wheeling expenses). 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 40
•HR 4394 RH
OPERATION ANDMAINTENANCE, SOUTHWESTERN 1
P
OWERADMINISTRATION 2
For expenses necessary for operation and mainte-3
nance of power transmission facilities and for marketing 4
electric power and energy, for construction and acquisition 5
of transmission lines, substations and appurtenant facili-6
ties, and for administrative expenses, including official re-7
ception and representation expenses in an amount not to 8
exceed $1,500 in carrying out section 5 of the Flood Con-9
trol Act of 1944 (16 U.S.C. 825s), as applied to the 10
Southwestern Power Administration, $52,326,000, to re-11
main available until expended: Provided, That notwith-12
standing 31 U.S.C. 3302 and section 5 of the Flood Con-13
trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-14
lected by the Southwestern Power Administration from 15
the sale of power and related services shall be credited to 16
this account as discretionary offsetting collections, to re-17
main available until expended, for the sole purpose of 18
funding the annual expenses of the Southwestern Power 19
Administration: Provided further, That the sum herein ap-20
propriated for annual expenses shall be reduced as collec-21
tions are received during the fiscal year so as to result 22
in a final fiscal year 2024 appropriation estimated at not 23
more than $11,440,000: Provided further, That notwith-24
standing 31 U.S.C. 3302, up to $80,000,000 collected by 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 41
•HR 4394 RH
the Southwestern Power Administration pursuant to the 1
Flood Control Act of 1944 to recover purchase power and 2
wheeling expenses shall be credited to this account as off-3
setting collections, to remain available until expended for 4
the sole purpose of making purchase power and wheeling 5
expenditures: Provided further, That for purposes of this 6
appropriation, annual expenses means expenditures that 7
are generally recovered in the same year that they are in-8
curred (excluding purchase power and wheeling expenses). 9
C
ONSTRUCTION, REHABILITATION, OPERATION AND 10
M
AINTENANCE, WESTERNAREAPOWERADMINIS-11
TRATION 12
For carrying out the functions authorized by title III, 13
section 302(a)(1)(E) of the Act of August 4, 1977 (42 14
U.S.C. 7152), and other related activities including con-15
servation and renewable resources programs as author-16
ized, $313,289,000, including official reception and rep-17
resentation expenses in an amount not to exceed $1,500, 18
to remain available until expended, of which $313,289,000 19
shall be derived from the Department of the Interior Rec-20
lamation Fund: Provided, That notwithstanding 31 U.S.C. 21
3302, section 5 of the Flood Control Act of 1944 (16 22
U.S.C. 825s), and section 1 of the Interior Department 23
Appropriation Act, 1939 (43 U.S.C. 392a), up to 24
$213,417,000 collected by the Western Area Power Ad-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 42
•HR 4394 RH
ministration from the sale of power and related services 1
shall be credited to this account as discretionary offsetting 2
collections, to remain available until expended, for the sole 3
purpose of funding the annual expenses of the Western 4
Area Power Administration: Provided further, That the 5
sum herein appropriated for annual expenses shall be re-6
duced as collections are received during the fiscal year so 7
as to result in a final fiscal year 2024 appropriation esti-8
mated at not more than $99,872,000, of which 9
$99,872,000 is derived from the Reclamation Fund: Pro-10
vided further, That notwithstanding 31 U.S.C. 3302, up 11
to $475,000,000 collected by the Western Area Power Ad-12
ministration pursuant to the Flood Control Act of 1944 13
and the Reclamation Project Act of 1939 to recover pur-14
chase power and wheeling expenses shall be credited to 15
this account as offsetting collections, to remain available 16
until expended for the sole purpose of making purchase 17
power and wheeling expenditures: Provided further, That 18
for purposes of this appropriation, annual expenses means 19
expenditures that are generally recovered in the same year 20
that they are incurred (excluding purchase power and 21
wheeling expenses). 22
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 43
•HR 4394 RH
FALCON ANDAMISTADOPERATING ANDMAINTENANCE 1
F
UND 2
For operation, maintenance, and emergency costs for 3
the hydroelectric facilities at the Falcon and Amistad 4
Dams, $3,425,000, to remain available until expended, 5
and to be derived from the Falcon and Amistad Operating 6
and Maintenance Fund of the Western Area Power Ad-7
ministration, as provided in section 2 of the Act of June 8
18, 1954 (68 Stat. 255): Provided, That notwithstanding 9
the provisions of that Act and of 31 U.S.C. 3302, up to 10
$3,197,000 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 2024 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 2024, the 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 44
•HR 4394 RH
Administrator of the Western Area Power Administration 1
may accept up to $1,872,000 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
F
EDERALENERGYREGULATORYCOMMISSION 17
SALARIES AND EXPENSES 18
For expenses necessary for the Federal Energy Regu-19
latory Commission to carry out the provisions of the De-20
partment of Energy Organization Act (42 U.S.C. 7101 et 21
seq.), including services as authorized by 5 U.S.C. 3109, 22
official reception and representation expenses not to ex-23
ceed $3,000, and the hire of passenger motor vehicles, 24
$520,000,000, to remain available until expended: Pro-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 45
•HR 4394 RH
vided, That notwithstanding any other provision of law, 1
not to exceed $520,000,000 of revenues from fees and an-2
nual charges, and other services and collections in fiscal 3
year 2024 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 2024 so as to result in a 8
final fiscal year 2024 appropriation from the general fund 9
estimated at not more than $0. 10
GENERAL PROVISIONS—DEPARTMENT OF 11
ENERGY 12
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 13
S
EC. 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
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 46
•HR 4394 RH
at least 3 full business days in advance, none of the funds 1
made available in this title may be used to— 2
(A) make a grant allocation or discretionary 3
grant award totaling $1,000,000 or more; 4
(B) make a discretionary contract award or 5
Other Transaction Agreement totaling $1,000,000 6
or more, including a contract covered by the Federal 7
Acquisition Regulation; 8
(C) issue a letter of intent to make an alloca-9
tion, award, or Agreement in excess of the limits in 10
subparagraph (A) or (B); or 11
(D) announce publicly the intention to make an 12
allocation, award, or Agreement in excess of the lim-13
its in subparagraph (A) or (B). 14
(2) The Secretary of Energy shall submit to the Com-15
mittees on Appropriations of both Houses of Congress 16
within 15 days of the conclusion of each quarter a report 17
detailing each grant allocation or discretionary grant 18
award totaling less than $1,000,000 provided during the 19
previous quarter. 20
(3) The notification required by paragraph (1) and 21
the report required by paragraph (2) shall include the re-22
cipient of the award, the amount of the award, the fiscal 23
year for which the funds for the award were appropriated, 24
the account and program, project, or activity from which 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 47
•HR 4394 RH
the funds are being drawn, the title of the award, and 1
a brief description of the activity for which the award is 2
made. 3
(c) The Department of Energy may not, with respect 4
to any program, project, or activity that uses budget au-5
thority made available in this title under the heading ‘‘De-6
partment of Energy—Energy Programs’’, enter into a 7
multiyear contract, award a multiyear grant, or enter into 8
a multiyear cooperative agreement unless— 9
(1) the contract, grant, or cooperative agree-10
ment is funded for the full period of performance as 11
anticipated at the time of award; or 12
(2) the contract, grant, or cooperative agree-13
ment includes a clause conditioning the Federal Gov-14
ernment’s obligation on the availability of future 15
year budget authority and the Secretary notifies the 16
Committees on Appropriations of both Houses of 17
Congress at least 3 days in advance. 18
(d) Except as provided in subsections (e), (f), and (g), 19
the amounts made available by this title shall be expended 20
as authorized by law for the programs, projects, and ac-21
tivities specified in the ‘‘House Recommended’’ column in 22
the ‘‘Department of Energy’’ table included under the 23
heading ‘‘Title III—Department of Energy’’ in the report 24
accompanying this Act. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 48
•HR 4394 RH
(e) The amounts made available by this title may be 1
reprogrammed for any program, project, or activity, and 2
the Department shall notify, and obtain the prior approval 3
of, the Committees on Appropriations of both Houses of 4
Congress at least 30 days prior to the use of any proposed 5
reprogramming that would cause any program, project, or 6
activity funding level to increase or decrease by more than 7
$5,000,000 or 10 percent, whichever is less, during the 8
time period covered by this Act. 9
(f) None of the funds provided in this title shall be 10
available for obligation or expenditure through a re-11
programming of funds that— 12
(1) creates, initiates, or eliminates a program, 13
project, or activity; 14
(2) increases funds or personnel for any pro-15
gram, project, or activity for which funds are denied 16
or restricted by this Act; or 17
(3) reduces funds that are directed to be used 18
for a specific program, project, or activity by this 19
Act. 20
(g)(1) The Secretary of Energy may waive any re-21
quirement or restriction in this section that applies to the 22
use of funds made available for the Department of Energy 23
if compliance with such requirement or restriction would 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 49
•HR 4394 RH
pose a substantial risk to human health, the environment, 1
welfare, or national security. 2
(2) The Secretary of Energy shall notify the Commit-3
tees on Appropriations of both Houses of Congress of any 4
waiver under paragraph (1) as soon as practicable, but 5
not later than 3 days after the date of the activity to which 6
a requirement or restriction would otherwise have applied. 7
Such notice shall include an explanation of the substantial 8
risk under paragraph (1) that permitted such waiver. 9
(h) The unexpended balances of prior appropriations 10
provided for activities in this Act may be available to the 11
same appropriation accounts for such activities established 12
pursuant to this title. Available balances may be merged 13
with funds in the applicable established accounts and 14
thereafter may be accounted for as one fund for the same 15
time period as originally enacted. 16
S
EC. 302. Funds appropriated by this or any other 17
Act, or made available by the transfer of funds in this 18
Act, for intelligence activities are deemed to be specifically 19
authorized by the Congress for purposes of section 504 20
of the National Security Act of 1947 (50 U.S.C. 3094) 21
during fiscal year 2024 until the enactment of the Intel-22
ligence Authorization Act for fiscal year 2024. 23
S
EC. 303. None of the funds made available in this 24
title shall be used for the construction of facilities classi-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 50
•HR 4394 RH
fied as high-hazard nuclear facilities under 10 CFR Part 1
830 unless independent oversight is conducted by the Of-2
fice of Enterprise Assessments to ensure the project is in 3
compliance with nuclear safety requirements. 4
S
EC. 304. None of the funds made available in this 5
title may be used to approve critical decision-2 or critical 6
decision-3 under Department of Energy Order 413.3B, or 7
any successive departmental guidance, for construction 8
projects where the total project cost exceeds 9
$100,000,000, until a separate independent cost estimate 10
has been developed for the project for that critical deci-11
sion. 12
S
EC. 305. None of the funds made available in this 13
title may be used to support a grant allocation award, dis-14
cretionary grant award, or cooperative agreement that ex-15
ceeds $100,000,000 in Federal funding unless the project 16
is carried out through internal independent project man-17
agement procedures. 18
S
EC. 306. No funds shall be transferred directly from 19
‘‘Department of Energy—Power Marketing Administra-20
tion—Colorado River Basins Power Marketing Fund, 21
Western Area Power Administration’’ to the general fund 22
of the Treasury in the current fiscal year. 23
S
EC. 307. None of the funds made available by this 24
Act may be used to finalize, implement, administer, or en-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 51
•HR 4394 RH
force an energy efficiency standard that increases effi-1
ciency standards on distribution transformers, including 2
the proposed rule entitled ‘‘Energy Conservation Program: 3
Energy Conservation Standards for Distribution Trans-4
formers’’ published by the Department of Energy in the 5
Federal Register on January 11, 2023 (88 Fed. Reg. 6
1722) or any substantially similar rule. 7
S
EC. 308. Notwithstanding section 301(c) of this Act, 8
none of the funds made available under the heading ‘‘De-9
partment of Energy—Energy Programs—Science’’ may 10
be used for a multiyear contract, grant, cooperative agree-11
ment, or Other Transaction Agreement of $5,000,000 or 12
less unless the contract, grant, cooperative agreement, or 13
Other Transaction Agreement is funded for the full period 14
of performance as anticipated at the time of award. 15
S
EC. 309. (a) Of the unobligated balances of amounts 16
made available to the Department of Energy under each 17
heading in title III of division J of Public Law 117–58, 18
an amount equal to the amount transferred from each 19
such heading as of the date of enactment of this Act pur-20
suant to section 303 of Public Law 117–58 shall be trans-21
ferred on October 1, 2023, to the Office of the Inspector 22
General of the Department of Energy to oversee the funds 23
made available to the Department of Energy in Public 24
Law 117–58: Provided, That any amounts so transferred 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 52
•HR 4394 RH
that were previously designated by the Congress as an 1
emergency requirement pursuant to the Balanced Budget 2
and Emergency Deficit Control Act of 1985 or a concur-3
rent resolution on the budget are designated by the Con-4
gress as an emergency requirement pursuant to section 5
251(b)(2)(A)(i) of the Balanced Budget and Emergency 6
Deficit Control Act of 1985. 7
(b) Beginning on October 1, 2023, of the amounts 8
made available to the Department of Energy under each 9
of sections 50121, 50141, 50142, 50143, 50144, 50145, 10
50151, 50152, 50153, and 50161 of Public Law 117–169, 11
two-tenths of one percent of such amounts shall be trans-12
ferred to the Office of the Inspector General of the De-13
partment of Energy to oversee the funds made available 14
to the Department of Energy in Public Law 117–169: 15
Provided, That amounts so transferred shall be derived 16
from the unobligated balances of amounts under each such 17
section. 18
(c) Section 303 of Public Law 117–58 is amended 19
by— 20
(1) striking ‘‘One-tenth’’ and inserting ‘‘(a) Ex-21
cept as provided in subsection (b), one-tenth’’; and 22
(2) adding at the end the following new provi-23
sion: 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 53
•HR 4394 RH
‘‘(b) Beginning on October 1, 2023, of the 1
amounts made available to the Department of 2
Energy under each heading in this title in this 3
Act, two-tenths of one percent of such amounts 4
in each of fiscal years 2024 through 2026 shall 5
be transferred to the Office of the Inspector 6
General of the Department of Energy to over-7
see the funds made available to the Department 8
of Energy in this title in this Act: Provided, 9
That any amounts so transferred that were pre-10
viously designated by the Congress as an emer-11
gency requirement pursuant to the Balanced 12
Budget and Emergency Deficit Control Act of 13
1985 or a concurrent resolution on the budget 14
are designated by the Congress as an emer-15
gency requirement pursuant to section 16
251(b)(2)(A)(i) of the Balanced Budget and 17
Emergency Deficit Control Act of 1985.’’ 18
S
EC. 310. (a) Notwithstanding sections 161 and 167 19
of the Energy Policy and Conservation Act (42 U.S.C. 20
6241, 6247), the Secretary of Energy shall draw down and 21
sell one million barrels of refined petroleum product from 22
the Strategic Petroleum Reserve during fiscal year 2024. 23
(b) All proceeds from such sale shall be deposited into 24
the general fund of the Treasury during fiscal year 2024. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 54
•HR 4394 RH
(c) Upon the completion of such sale, the Secretary 1
shall carry out the closure of the Northeast Gasoline Sup-2
ply Reserve. 3
(d)(1) The Secretary of Energy may not establish any 4
new regional petroleum product reserve unless funding for 5
the proposed regional petroleum product reserve is explic-6
itly requested in advance in an annual budget submission 7
and approved by the Congress in an appropriations Act. 8
(2) The budget request or notification shall in-9
clude— 10
(A) the justification for the new reserve; 11
(B) a cost estimate for the establishment, 12
operation, and maintenance of the reserve, in-13
cluding funding sources; 14
(C) a detailed plan for operation of the re-15
serve, including the conditions upon which the 16
products may be released; 17
(D) the location of the reserve; and 18
(E) the estimate of the total inventory of 19
the reserve. 20
S
EC. 311. Of the authority made available in Public 21
Law 117–328 for the Title 17 Innovative Technology 22
Loan Guarantee Program for commitments to guarantee 23
loans for eligible projects under title XVII of the Energy 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 55
•HR 4394 RH
Policy Act of 2005, a total principal of $15,000,000,000 1
is hereby permanently rescinded. 2
S
EC. 312. (a) Of the unobligated balances from 3
amounts made available in section 50131 of Public Law 4
117–169, $1,000,000,000 are hereby permanently re-5
scinded. 6
(b) Of the unobligated balances from amounts made 7
available in section 50122 of Public Law 117–169, 8
$4,500,000,000 are hereby permanently rescinded. 9
(c) Of the unobligated balances from amounts made 10
available in section 50123 of Public Law 117–169, 11
$200,000,000 are hereby permanently rescinded. 12
S
EC. 313. None of the funds appropriated or other-13
wise made available by this Act may be expended to sup-14
port the Department of Energy Justice40 initiative as de-15
fined by or required by Executive Order 14008. 16
S
EC. 314. None of the funds made available by this 17
Act may be used to draw down and sell petroleum prod-18
ucts from the Strategic Petroleum Reserve (1) to any enti-19
ty that is under the ownership, control, or influence of 20
the Chinese Communist Party; or (2) except on condition 21
that such petroleum products will not be exported to the 22
People’s Republic of China. 23
S
EC. 315. The funds made available to the Depart-24
ment of Energy in this Act shall be applied in a manner 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 56
•HR 4394 RH
consistent with subtitle D of title VI of the Research and 1
Development, Competition, and Innovation Act (enacted 2
as division B of the CHIPS Act of 2022 (Public Law 117– 3
167; 42 U.S.C. 19231 et seq.)). 4
S
EC. 316. (a) Of the unobligated amounts available 5
under the heading ‘‘Department of Energy—Energy Pro-6
grams—Nuclear Energy’’ in division J of the Infrastruc-7
ture Investment and Jobs Act (Public Law 117–58) for 8
fiscal years 2024, 2025, and 2026, the following are avail-9
able, in addition to amounts otherwise made available for 10
these purposes: 11
(1) (A) $2,400,000,000 for Advanced Nuclear 12
Fuel Availability, of which $800,000,000, to remain 13
available until expended, shall be available in each of 14
fiscal years 2024, 2025, 2026. 15
(B) Funds available under subparagraph 16
(A) shall only be available if a law is enacted 17
after May 1, 2023, that specifically authorizes 18
a program for the Secretary of Energy to sup-19
port the availability of low-enriched uranium, 20
including high-assay low-enriched uranium, for 21
civilian domestic research, development, dem-22
onstration, and commercial use. 23
(2) $1,197,000,000 to carry out the ongoing 24
demonstration project under the Advanced Small 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 57
•HR 4394 RH
Modular Reactor RD&D program, of which 1
$399,000,000, to remain available until expended, 2
shall be available in each of fiscal years 2024, 2025, 3
and 2026. 4
(b) Amounts repurposed pursuant to this paragraph 5
that were previously designated by the Congress as an 6
emergency requirement pursuant to the Balanced Budget 7
and Emergency Deficit Control Act of 1985 or a concur-8
rent resolution on the budget are designated by the Con-9
gress as an emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985. 12
S
EC. 317. None of the funds made available in this 13
title may be used to finalize, implement, administer, or 14
enforce the proposed rule titled ‘‘Energy Conservation 15
Program: Energy Conservation Standards for Consumer 16
Conventional Cooking Products; Supplemental Notice of 17
Proposed Rulemaking and announcement of public meet-18
ing’’ (88 Fed. Reg. 6818; published February 1, 2023) 19
with respect to energy conservation standards for gas 20
kitchen ranges and ovens, or any substantially similar 21
rule, including any rule that would directly or indirectly 22
limit consumer access to gas kitchen ranges or ovens. 23
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 58
•HR 4394 RH
TITLE IV 1
INDEPENDENT AGENCIES 2
A
PPALACHIANREGIONALCOMMISSION 3
For expenses necessary to carry out the programs au-4
thorized by the Appalachian Regional Development Act of 5
1965, as amended, and for expenses necessary for the 6
Federal Co-Chairman and the Alternate on the Appa-7
lachian Regional Commission, for payment of the Federal 8
share of the administrative expenses of the Commission, 9
including services as authorized by 5 U.S.C. 3109, and 10
hire of passenger motor vehicles, $200,000,000, to remain 11
available until expended. 12
D
EFENSENUCLEARFACILITIESSAFETYBOARD 13
SALARIES AND EXPENSES 14
For expenses necessary for the Defense Nuclear Fa-15
cilities Safety Board in carrying out activities authorized 16
by the Atomic Energy Act of 1954, as amended by Public 17
Law 100–456, section 1441, $45,000,000, to remain 18
available until September 30, 2025, of which not to exceed 19
$1,000 shall be available for official reception and rep-20
resentation expenses. 21
D
ELTAREGIONALAUTHORITY 22
SALARIES AND EXPENSES 23
For expenses necessary for the Delta Regional Au-24
thority and to carry out its activities, as authorized by 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 59
•HR 4394 RH
the Delta Regional Authority Act of 2000, notwith-1
standing sections 382F(d), 382M, and 382N of said Act, 2
$31,100,000, to remain available until expended. 3
D
ENALICOMMISSION 4
For expenses necessary for the Denali Commission 5
including the purchase, construction, and acquisition of 6
plant and capital equipment as necessary and other ex-7
penses, $17,000,000, to remain available until expended, 8
notwithstanding the limitations contained in section 9
306(g) of the Denali Commission Act of 1998: Provided, 10
That funds shall be available for construction projects for 11
which the Denali Commission is the sole or primary fund-12
ing source in an amount not to exceed 80 percent of total 13
project cost for distressed communities, as defined by sec-14
tion 307 of the Denali Commission Act of 1998 (division 15
C, title III, Public Law 105–277), as amended by section 16
701 of appendix D, title VII, Public Law 106–113 (113 17
Stat. 1501A–280), and an amount not to exceed 50 per-18
cent for non-distressed communities: Provided further, 19
That notwithstanding any other provision of law regarding 20
payment of a non-Federal share in connection with a 21
grant-in-aid program, amounts under this heading shall 22
be available for the payment of such a non-Federal share 23
for any project for which the Denali Commission is not 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 60
•HR 4394 RH
the sole or primary funding source, provided that such 1
project is consistent with the purposes of the Commission. 2
N
ORTHERNBORDERREGIONALCOMMISSION 3
For expenses necessary for the Northern Border Re-4
gional Commission in carrying out activities authorized by 5
subtitle V of title 40, United States Code, $40,000,000, 6
to remain available until expended: Provided, That such 7
amounts shall be available for administrative expenses, 8
notwithstanding section 15751(b) of title 40, United 9
States Code. 10
S
OUTHEASTCRESCENTREGIONALCOMMISSION 11
For expenses necessary for the Southeast Crescent 12
Regional Commission in carrying out activities authorized 13
by subtitle V of title 40, United States Code, $20,000,000, 14
to remain available until expended. 15
S
OUTHWESTBORDERREGIONALCOMMISSION 16
For expenses necessary for the Southwest Border Re-17
gional Commission in carrying out activities authorized by 18
subtitle V of title 40, United States Code, $5,000,000, to 19
remain available until expended. 20
G
REATLAKESAUTHORITY 21
For expenses necessary for the Great Lakes Author-22
ity in carrying out activities authorized by subtitle V of 23
title 40, United States Code, $5,000,000, to remain avail-24
able until expended. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 61
•HR 4394 RH
NUCLEARREGULATORYCOMMISSION 1
SALARIES AND EXPENSES 2
For expenses necessary for the Commission in car-3
rying out the purposes of the Energy Reorganization Act 4
of 1974 and the Atomic Energy Act of 1954, 5
$960,560,450, including official representation expenses 6
not to exceed $30,000, to remain available until expended: 7
Provided, That of the amount appropriated herein, not 8
more than $10,350,720 may be made available for sala-9
ries, travel, and other support costs for the Office of the 10
Commission, to remain available until September 30, 11
2025: Provided further, That revenues from licensing fees, 12
inspection services, and other services and collections esti-13
mated at $807,727,130 in fiscal year 2024 shall be re-14
tained and used for necessary salaries and expenses in this 15
account, notwithstanding 31 U.S.C. 3302, and shall re-16
main available until expended: Provided further, That the 17
sum herein appropriated shall be reduced by the amount 18
of revenues received during fiscal year 2024 so as to result 19
in a final fiscal year 2024 appropriation estimated at not 20
more than $152,833,320. 21
OFFICE OF INSPECTOR GENERAL 22
For expenses necessary for the Office of Inspector 23
General in carrying out the provisions of the Inspector 24
General Act of 1978, $18,648,340, to remain available 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 62
•HR 4394 RH
until September 30, 2025: Provided, That revenues from 1
licensing fees, inspection services, and other services and 2
collections estimated at $15,481,566 in fiscal year 2024 3
shall be retained and be available until September 30, 4
2025, for necessary salaries and expenses in this account, 5
notwithstanding section 3302 of title 31, United States 6
Code: Provided further, That the sum herein appropriated 7
shall be reduced by the amount of revenues received dur-8
ing fiscal year 2024 so as to result in a final fiscal year 9
2024 appropriation estimated at not more than 10
$3,166,774: Provided further, That of the amounts appro-11
priated under this heading, $1,534,900 shall be for In-12
spector General services for the Defense Nuclear Facilities 13
Safety Board. 14
N
UCLEARWASTETECHNICALREVIEWBOARD 15
SALARIES AND EXPENSES 16
For expenses necessary for the Nuclear Waste Tech-17
nical Review Board, as authorized by Public Law 100– 18
203, section 5051, $4,064,000, to be derived from the Nu-19
clear Waste Fund, to remain available until September 30, 20
2025. 21
GENERAL PROVISIONS—INDEPENDENT 22
AGENCIES 23
S
EC. 401. The Nuclear Regulatory Commission shall 24
comply with the July 5, 2011, version of Chapter VI of 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 63
•HR 4394 RH
its Internal Commission Procedures when responding to 1
Congressional requests for information, consistent with 2
Department of Justice guidance for all Federal agencies. 3
S
EC. 402. (a) The amounts made available by this 4
title for the Nuclear Regulatory Commission may be re-5
programmed for any program, project, or activity, and the 6
Commission shall notify the Committees on Appropria-7
tions of both Houses of Congress at least 30 days prior 8
to the use of any proposed reprogramming that would 9
cause any program funding level to increase or decrease 10
by more than $500,000 or 10 percent, whichever is less, 11
during the time period covered by this Act. 12
(b)(1) The Nuclear Regulatory Commission may 13
waive the notification requirement in subsection (a) if 14
compliance with such requirement would pose a substan-15
tial risk to human health, the environment, welfare, or na-16
tional security. 17
(2) The Nuclear Regulatory Commission shall notify 18
the Committees on Appropriations of both Houses of Con-19
gress of any waiver under paragraph (1) as soon as prac-20
ticable, but not later than 3 days after the date of the 21
activity to which a requirement or restriction would other-22
wise have applied. Such notice shall include an explanation 23
of the substantial risk under paragraph (1) that permitted 24
such waiver and shall provide a detailed report to the 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 64
•HR 4394 RH
Committees of such waiver and changes to funding levels 1
to programs, projects, or activities. 2
(c) Except as provided in subsections (a), (b), and 3
(d), the amounts made available by this title for ‘‘Nuclear 4
Regulatory Commission—Salaries and Expenses’’ shall be 5
expended as directed in the report accompanying this Act. 6
(d) None of the funds provided for the Nuclear Regu-7
latory Commission shall be available for obligation or ex-8
penditure through a reprogramming of funds that in-9
creases funds or personnel for any program, project, or 10
activity for which funds are denied or restricted by this 11
Act. 12
(e) The Commission shall provide a monthly report 13
to the Committees on Appropriations of both Houses of 14
Congress, which includes the following for each program, 15
project, or activity, including any prior year appropria-16
tions— 17
(1) total budget authority; 18
(2) total unobligated balances; and 19
(3) total unliquidated obligations. 20
TITLE V—WATER FOR CALIFORNIA 21
S
EC. 501. DEFINITIONS. 22
In Subtitle A through Subtitle D, the following defini-23
tions apply: 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 65
•HR 4394 RH
(1) CVP.—The term ‘‘CVP’’ means the Central 1
Valley Project. 2
(2) C
VP CONTRACTOR.—The term ‘‘CVP con-3
tractor’’ means any public water agency, water user 4
organization, or person that has entered into a con-5
tract with the United States for water service from 6
the CVP, whether in the form of a water service 7
contract, repayment contract, water rights settle-8
ment contract, exchange contract, or refuge con-9
tract. 10
(3) F
WS BIOLOGICAL OPINION .—The term 11
‘‘FWS Biological Opinion’’ means the United States 12
Fish and Wildlife Service ‘‘Biological Opinion for the 13
Reinitiation of Consultation on the Coordinated Op-14
erations of the Central Valley Project and State 15
Water Project’’ (Service File No. 08FBTD00–2019– 16
F–0164) signed on October 21, 2019. 17
(4) N
OAA BIOLOGICAL OPINION .—The term 18
‘‘NOAA Biological Opinion’’ means the National 19
Oceanic and Atmospheric Administration Fisheries 20
‘‘Biological Opinion on the Long-term Operation of 21
the Central Valley Project and the State Water 22
Project’’ (Consultation Tracking Number: WCRO– 23
2016–00069) signed on October 21, 2019. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 66
•HR 4394 RH
(5) PREFERRED ALTERNATIVE .—The term 1
‘‘Preferred Alternative’’ means the Alternative 1 2
(Preferred Alternative), as described in the Final 3
Environmental Impact Statement on the Reinitiation 4
of Consultation on the Coordinated Long-Term Op-5
eration of the Central Valley Project and the State 6
Water Project, issued by the Bureau of Reclamation, 7
and dated December 2019. 8
(6) S
WP.—The term ‘‘SWP’’ means the Cali-9
fornia State Water Project. 10
(7) S
WP CONTRACTOR.—The term ‘‘SWP con-11
tractor’’ means a public agency that has entered into 12
a long-term water supply contract with the Cali-13
fornia Department of Water Resources for water 14
service from the SWP. 15
S
EC. 502. TREATMENT OFFUNDS. 16
Amounts repurposed pursuant to this title that were 17
previously designated by the Congress as an emergency 18
requirement pursuant to the Balanced Budget and Emer-19
gency Deficit Control Act of 1985 or a concurrent resolu-20
tion on the budget are designated by the Congress as an 21
emergency requirement pursuant to section 22
251(b)(2)(A)(i) of the Balanced Budget and Emergency 23
Deficit Control Act of 1985. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 67
•HR 4394 RH
Subtitle A—CVP and SWP Operations 1
S
EC. 511. OPERATION OF THECVP ANDSWP. 2
(a) C
ONGRESSIONAL DIRECTIONREGARDINGCVP 3
ANDSWPOPERATIONS.—The CVP and the SWP shall be 4
operated, and reporting shall be done, in accordance with 5
the Preferred Alternative and FWS Biological Opinion 6
and NOAA Biological Opinion. 7
(b) E
XCEPTIONS.—Operation of the CVP and SWP 8
shall proceed pursuant to subsection (a) of this section, 9
except: 10
(1) to the extent changes to operations are un-11
dertaken pursuant to one or more agreements, which 12
are voluntarily entered into, approved, and imple-13
mented by CVP contractors, for operations of the 14
CVP, and SWP contractors, for operations of the 15
SWP, with all applicable Federal departments and 16
the State of California, including any agency or 17
board of the State of California; or 18
(2) to the extent changes in operations of the 19
CVP, SWP, or both can be made while improving 20
the supply of water available to CVP contractors, 21
SWP contractors, or both. 22
(c) C
OSTS.—No cost, including water supply, finan-23
cial, mintigation-related, or otherwise, associated with the 24
implementation of any agreement under subsection (b)(1) 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 68
•HR 4394 RH
or the implementation of any reoperation under subsection 1
(b)(2) shall be imposed by any Federal department or 2
agency or the State of California, including any agency 3
or board of the State of California, directly or indirectly 4
on any CVP contractor, SWP contractor, or any other per-5
son or entity, unless such costs are incurred on a voluntary 6
basis. 7
(d) N
OREDIRECTEDADVERSEIMPACTS.—The Sec-8
retary of the Interior and Secretary of Commerce shall 9
not carry out any specific action authorized under the ap-10
plicable provisions of this subtitle that would directly or 11
through State agency action indirectly result in the invol-12
untary reduction of water supply to an individual, district, 13
or agency that has in effect a contract for water with the 14
SWP or the CVP, including settlement, exchange, and ref-15
uge contracts, and Friant Division contracts. 16
(e) E
NDANGERED SPECIESACT.—Notwithstanding 17
subsection (b), implementation of subsection (a) shall not 18
conflict with the FWS Biological Opinion and the NOAA 19
Biological Opinion. 20
(f) N
ATIVESPECIESPROTECTION.—The State of 21
California shall not impose any bag, catch, or size restric-22
tion or limit on the take or harvest of striped bass or any 23
species of black bass, including largemouth bass, 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 69
•HR 4394 RH
smallmouth bass, and spotted bass, that occupy the Sac-1
ramento-San Joaquin Rivers Delta or its tributaries. 2
S
EC. 512. OPERATIONS ANDREVIEWS. 3
In carrying out section 511(a), the Secretary of the 4
Interior and the Secretary of Commerce shall implement 5
their statutory authorities in a manner that improves 6
water supply reliability and enables the CVP and SWP 7
to provide the maximum quantity of water supplies prac-8
ticable to CVP agricultural, municipal, and industrial con-9
tractors, water service or repayment contractors, water 10
rights settlement contractors, exchange contractors, ref-11
uge contractors, and SWP contractors, in accordance with 12
the Preferred Alternative, NOAA Biological Opinion, and 13
FWS Biological Opinion. 14
S
EC. 513. APPLICATION OFSTATELAWS. 15
(a) R
EDUCEDWATERSUPPLY.—If, as a result of the 16
application of applicable State law or regulation, the State 17
of California (including any agency or board of the State 18
of California) alters operation of the SWP in a manner 19
that directly or indirectly results in reduced water supply 20
to the SWP as compared with the water supply available 21
under the Preferred Alternative, and as a result, CVP 22
yield is greater than it otherwise would have been under 23
the Preferred Alternative, then that additional yield shall 24
be made available to the SWP for delivery to SWP Con-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 70
•HR 4394 RH
tractors to offset that reduced water supply. If it is nec-1
essary to reduce water supplies for any authorized uses 2
of the CVP or CVP Contractors to make available to the 3
SWP that additional yield, such reductions shall be ap-4
plied proportionately to those authorized uses or CVP con-5
tractors that benefit from that increased yield. 6
(b) N
ORESTRICTION OF CERTAINWATER 7
R
IGHTS.—The State of California (including any agency 8
or board of the State of California) shall not restrict the 9
exercise of any water right obtained pursuant to State law, 10
including but not limited to a pre-1914 appropriative right 11
or riparian right in order to offset any impact resulting 12
from the implementation of this subtitle on any species 13
affected by operations of the CVP or the SWP. 14
(c) N
OINVOLUNTARY WATERREDUCTION.—The 15
State of California (including any agency or board of the 16
State of California), the Secretary of the Interior and Sec-17
retary of Commerce shall not take any action related to 18
operation of the CVP or SWP that would directly or indi-19
rectly result in the involuntary reduction of water supply 20
to any CVP agricultural, municipal and industrial con-21
tractor, water service or repayment contractor, water 22
rights settlement contractor, exchange contractor, refuge 23
contractor or any SWP contractor, as compared to the 24
water supply available under the Preferred Alternative; 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 71
•HR 4394 RH
and nothing in this section is intended to modify, amend, 1
or affect any of the rights and obligations of the parties 2
to such contracts. 3
S
EC. 514. RECONSULTATION OF NOAA BIOLOGICAL 4
OPINION ANDFWS BIOLOGICAL OPINION. 5
(a) R
EQUIREMENT FOR RECONSULTATION.— 6
(1) R
EQUIREMENT.—Unless action is taken 7
pursuant to section 101(b), neither the Secretary of 8
the Interior, acting through the Commissioner of the 9
Bureau of Reclamation, nor the Secretary of Com-10
merce, or their designees shall commence, complete, 11
or request reinitiation of consultation on the coordi-12
nated long-term operation of the Central Valley 13
Project and the State Water Project that will result 14
in changes to or the replacement of the documents 15
listed in paragraph (2) unless— 16
(A) more than 75 percent of California has 17
experienced 4 consecutive years of D3 or D4 18
level drought, as defined by the U.S. Drought 19
Monitor; 20
(B) the Commissioner of the Bureau of 21
Reclamation identifies one specific factor or 22
combination of factors under section 402.16 of 23
title 50, Code of Federal Regulations; and 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 72
•HR 4394 RH
(C) not fewer than 120 days before offi-1
cially commencing or requesting reinitiation, the 2
Secretary of the Interior notifies the Committee 3
on Natural Resources of the House of Rep-4
resentatives, and the Committee on Energy and 5
Natural Resources of the Senate, in writing, 6
of— 7
(i) the intent to commence or request 8
reinitiation under this section; and 9
(ii) the detailed justification for the 10
identification of the specific factor or com-11
bination of factors under section 402.16 of 12
title 50, Code of Federal Regulations, that 13
was identified to satisfy the requirement in 14
subparagraph (B). 15
(2) D
OCUMENTS.—The documents referred to 16
in paragraph (1) are the following: 17
(A) The FWS Biological Opinion. 18
(B) The NOAA Biological Opinion. 19
(C) The Record of Decision for the Reiniti-20
ation of Consultation on the Coordinated Long- 21
Term Modified Operations of the Central Valley 22
Project and State Water Project, signed on 23
February 18, 2020. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 73
•HR 4394 RH
(b) APPLICABLEPROCEDURES AND REVIEW.—For 1
the purposes of this Act, before reinitiating consultation 2
on the Long-Term Operation of the CVP and SWP, a re-3
quest by the Secretary of the Interior, the Secretary of 4
the Commerce, or any other Federal employee, to reini-5
tiate consultation shall be made in writing and considered 6
a rule under section 551 of title 5, United States Code, 7
and subject to the requirements of sections 801 through 8
808 of that title. 9
(c) C
OOPERATION.—In implementing this section, the 10
Secretary of the Interior and the Secretary of Commerce 11
shall comply with requirements included in section 4004 12
of the Water Infrastructure Improvements for the Nation 13
Act (Public Law 114–322). 14
(d) E
XCLUSION.—Notwithstanding subsection (b), in 15
implementing this section, section 801(b)(2) of title 5, 16
United States Code, shall not apply. 17
S
EC. 515. SUNSET. 18
Sections 511 through 514 shall have no force or ef-19
fect on and after the date that is 7 years after the date 20
of the enactment of this Act. 21
S
EC. 516. CONSULTATION ON COORDINATED OPER -22
ATIONS. 23
The Water Infrastructure Improvements for the Na-24
tion Act (Public Law 114–322) is amended— 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 74
•HR 4394 RH
(1) in section 4004(a)— 1
(A) in the matter preceding paragraph (1), 2
strike ‘‘public water agency that contracts’’ and 3
insert ‘‘contractor’’; 4
(B) in paragraph (1), by inserting ‘‘or pro-5
posed action’’ after ‘‘biological assessment,’’; 6
(C) in paragraph (2), by inserting ‘‘or pro-7
posed action’’ after ‘‘biological assessment,’’; 8
(D) by redesignating paragraphs (3) 9
through (6) as paragraphs (4) through (7), re-10
spectively; 11
(E) after paragraph (2), by inserting the 12
following new paragraph: 13
‘‘(3) receive a copy of the draft proposed action 14
and have the opportunity to review that document 15
and provide comment to the action agency, which 16
comments shall be afforded due consideration during 17
development;’’; and 18
(F) in paragraph (7), as redesignated by 19
subparagraph (C) of this paragraph— 20
(i) in the matter preceding subpara-21
graph (A), by inserting ‘‘action agency pro-22
poses a proposed action or’’ before ‘‘the 23
consulting agency’’; 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 75
•HR 4394 RH
(ii) in subparagraph (A), by inserting 1
‘‘proposed action or’’ before ‘‘alternative 2
will’’; and 3
(iii) in subparagraph (B), by striking 4
‘‘alternative actions’’ and insert ‘‘actions 5
or alternatives’’; and 6
(2) in section 4013, by deleting ‘‘section 4004, 7
which shall expire 10 years after the date of its en-8
actment;’’ and inserting ‘‘section 4004, which shall 9
expire on December 16, 2033;’’. 10
Subtitle B—Allocations for Sacramento Valley 11
Contractors 12
S
EC. 521. DEFINITIONS. 13
In this subtitle, the following definitions apply: 14
(1) The term ‘‘existing CVP agricultural water 15
service or repayment contractor within the Sac-16
ramento River Watershed’’ means any water service 17
or repayment contractor within the Shasta, Trinity, 18
or Sacramento River division of the CVP that has 19
in effect a water service or repayment contract on 20
the date of enactment of this title that provides 21
water for irrigation. 22
(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-23
mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 76
•HR 4394 RH
have the meanings given those terms in the Sac-1
ramento Valley Water Year Type (40–30–30) Index. 2
S
EC. 522. ALLOCATIONS OF WATER . 3
Subject to section 523, the Secretary of the Interior 4
shall make every reasonable effort in the operation of the 5
CVP to allocate water provided for irrigation purposes to 6
each existing CVP agricultural water service contractor 7
within the Sacramento River Watershed in accordance 8
with the following: 9
(1) Not less than 100 percent of the contract 10
quantity of the existing CVP agricultural water serv-11
ice contractor within the Sacramento River Water-12
shed in a Wet year. 13
(2) Not less than 100 percent of the contract 14
quantity of the existing CVP agricultural water serv-15
ice contractor within the Sacramento River Water-16
shed in an Above Normal year. 17
(3) Not less than 100 percent of the contract 18
quantity of the existing CVP agricultural water serv-19
ice contractor within the Sacramento River Water-20
shed in a Below Normal year that is preceded by an 21
Above Normal or Wet year. 22
(4) Not less than 50 percent of the contract 23
quantity of the existing CVP agricultural water serv-24
ice contractor within the Sacramento River Water-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 77
•HR 4394 RH
shed in a Dry year that is preceded by a Below Nor-1
mal, Above Normal, or Wet year. 2
(5) In any other year not identified in para-3
graphs (1) through (4), not less than twice the allo-4
cation percentage to south-of-Delta CVP agricultural 5
water service contractors, up to 100 percent. 6
S
EC. 523. PROTECTION OF REFUGE , MUNICIPAL AND 7
INDUSTRIAL, AND OTHER CONTRACTORS . 8
Nothing in section 522 shall— 9
(1) adversely affect any protections for the envi-10
ronment, including the obligation of the Secretary of 11
the Interior to make water available to managed 12
wetlands pursuant to section 3406(d) of the Central 13
Valley Project Improvement Act (title XXXIV of 14
Public Law 102–575; 106 Stat. 4722); 15
(2) adversely affect any obligation of the Sec-16
retary of the Interior or the Secretary of Commerce 17
under the FWS Biological Opinion or the NOAA Bi-18
ological Opinion; 19
(3) modify any provision of a water service con-20
tract that addresses municipal or industrial water 21
shortage policies of the Secretary of the Interior; 22
(4) affect or limit the authority of the Secretary 23
of the Interior to adopt or modify municipal and in-24
dustrial water shortage policies; 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 78
•HR 4394 RH
(5) constrain, govern, or affect, directly or indi-1
rectly, the operations of the American River division 2
of the CVP or any deliveries from that division or 3
a unit or facility of that division; or 4
(6) affect any allocation to a CVP municipal or 5
industrial water service contractor by increasing or 6
decreasing allocations to the contractor, as compared 7
to the allocation the contractor would have received 8
absent section 522. 9
S
EC. 524. OTHER CONTRACTORS . 10
Nothing in section 522 shall— 11
(1) affect the priority of any individual or entity 12
with a Sacramento River settlement contract over 13
water service or repayment contractors; 14
(2) affect the United States ability to deliver 15
water to the San Joaquin River exchange contrac-16
tors from the Sacramento River and the Delta via 17
the Delta-Mendota Canal or modify or amend the 18
rights and obligations under the Purchase Contract 19
between Miller and Lux and the United States and 20
the Second Amended Exchange Contract between 21
the United States, Department of the Interior, Bu-22
reau of Reclamation and Central California Irriga-23
tion District, San Luis Canal Company, Firebaugh 24
Canal Water District and Columbia Canal Company; 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 79
•HR 4394 RH
(3) affect the allocation of water to Friant divi-1
sion contractors of the CVP; 2
(4) result in the involuntary reduction in con-3
tract water allocations to individuals or entities with 4
contracts to receive water from the Friant division; 5
(5) result in the involuntary reduction in water 6
allocations to refuge contractors; or 7
(6) authorize any actions inconsistent with 8
State water rights law. 9
Subtitle C—Infrastructure 10
S
EC. 531. SHASTA RESERVOIR ENLARGEMENT 11
PROJECT. 12
Section 40902(a)(2) of the Infrastructure Investment 13
and Jobs Act (Public Law 117–58) is amended— 14
(1) in subparagraph (B)— 15
(A) in the matter preceding clause (i), by 16
striking ‘‘this Act, except for any project for 17
which—’’ and inserting ‘‘this Act; or’’; and 18
(B) by striking clauses (i) and (ii); and 19
(2) in subparagraph (C), by striking ‘‘(except 20
that projects described in clauses (i) and (ii) of sub-21
paragraph (B) shall not be eligible)’’. 22
S
EC. 532. WATER SUPPLY PLAN; PROJECTS. 23
(a) P
LAN.—Not later than 180 days after the date 24
of the enactment of this Act, the Commissioner of the Bu-25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 80
•HR 4394 RH
reau of Reclamation shall develop a water deficit report, 1
which shall identify— 2
(1) projected water supply shortages in the 3
State of California for irrigation water service, mu-4
nicipal and industrial water service, water supply for 5
wildlife refuges supplied by the CVP or the SWP; 6
and 7
(2) infrastructure projects or actions which, if 8
taken, would— 9
(A) significantly reduce or eliminate the 10
projected water supply shortage; or 11
(B) fulfill water allocations consistent with 12
agricultural, municipal and industrial contrac-13
tors, water service or repayment contractors, 14
water rights settlement contractors, exchange 15
contractors, and SWP contractors with water 16
delivery contractors on the CVP and SWP. 17
(b) R
EPORT TOCONGRESS.—The Commissioner of 18
the Bureau of Reclamation shall provide a report de-19
scribed in subsection (a) to the House Committee on Ap-20
propriations, the Senate Committee on Appropriations, 21
the House Committee on Natural Resources, the Senate 22
Committee on Energy, and the Senate Committee on Nat-23
ural Resources upon its completion. 24
S
EC. 533. CONSERVATION FISH HATCHERIES . 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 81
•HR 4394 RH
Section 4010(b)(5) of the Water Infrastructure Im-1
provements for the Nation Act (Public Law 114–322) is 2
amended by adding at the end the following: 3
‘‘(D) S
EMI-ANNUAL REPORT .—The Sec-4
retary of the Interior and the Secretary of 5
Commerce shall submit to the Committee on 6
Natural Resources of the House of Representa-7
tives, and the Committee on Energy and Nat-8
ural Resources of the Senate semi-annual re-9
ports that detail activities carried out under 10
this paragraph.’’. 11
S
EC. 534. STORAGE; DURATION. 12
(a) S
TORAGE.—Section 4007 of the Water Infra-13
structure Improvements for the Nation Act (Public Law 14
114–322) is amended— 15
(1) in subsection (b)(1), by striking ‘‘or any 16
public agency organized pursuant to State law’’ and 17
inserting ‘‘any public agency organized pursuant to 18
State law, or any stakeholder’’; and 19
(2) in subsection (i), by striking ‘‘January 1, 20
2021’’ and inserting ‘‘January 1, 2028’’. 21
(b) D
URATION.—Section 4013 of the Water Infra-22
structure Improvements for the Nation Act (Public Law 23
114–322) is amended— 24
(1) in paragraph (1), by striking ‘‘and’’; 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 82
•HR 4394 RH
(2) by redesignating paragraph (2) as para-1
graph (3); and 2
(3) by inserting after paragraph (1) the fol-3
lowing: 4
‘‘(2) section 4007, which (except as provided in 5
paragraph (3)), shall expire on December 31, 2028; 6
and’’. 7
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 83
•HR 4394 RH
SEC. 535. SHASTA DAM ENLARGEMENT 1
No provision of State law shall preclude or otherwise 2
prevent any public water agency, including a public agency 3
of the State, that contracts for the delivery of CVP water 4
from assisting or cooperating with, whether by loan, grant, 5
license, or otherwise, the planning and construction of any 6
project undertaken by the Bureau of Reclamation to en-7
large Shasta Dam. 8
Subtitle D—CVPIA Actions 9
S
EC. 541. CVPIA RESTORATION ACTIONS. 10
(a) R
EFUGEWATERSUPPLYPROGRAM.—Not later 11
than 2 years after the date of enactment of this Act, the 12
Secretary of the Interior shall complete the refuge water 13
supply program under section 3406(d) of the Central Val-14
ley Project Improvement Act (title XXXIV of Public Law 15
102–575; 106 Stat. 4722) and shall, within that 2-year 16
period, give priority to completing the refuge water supply 17
program when making funding decisions from the Central 18
Valley Project Restoration Fund established under section 19
3407 of the Central Valley Project Improvement Act (106 20
Stat. 4726), the Infrastructure Investment and Jobs Act 21
(Public Law 117–25), the Land and Water Conservation 22
Fund Act (Public Law 88–578), and other sources of 23
funding. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 84
•HR 4394 RH
(b) RESTORATIONACTIONSDEEMEDCOMPLETE.— 1
Upon completion of the refuge water supply program pur-2
suant to subsection (a), or September 30, 2025, whichever 3
occurs first, the Secretary of the Interior shall deem com-4
plete the fish, wildlife, and habitat mitigation and restora-5
tion actions mandated under section 3406 of the Central 6
Valley Project Improvement Act (title XXXIV of Public 7
Law 102–575; 106 Stat. 4714). 8
Subtitle E—Water Supply Permitting Coordination Act 9
S
EC. 551. DEFINITIONS. 10
In this subtitle: 11
(1) B
UREAU.—The term ‘‘Bureau’’ means the 12
Bureau of Reclamation. 13
(2) C
OOPERATING AGENCIES .—The term ‘‘co-14
operating agency’’ means a Federal agency with ju-15
risdiction over a review, analysis, opinion, statement, 16
permit, license, or other approval or decision re-17
quired for a qualifying project under applicable Fed-18
eral laws and regulations, or a State agency subject 19
to section 503(c). 20
(3) Q
UALIFYING PROJECTS.—The term ‘‘quali-21
fying projects’’ means new surface water storage 22
projects in the States covered under the Act of June 23
17, 1902 (32 Stat. 388, chapter 1093), and Acts 24
supplemental to and amendatory of that Act (43 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 85
•HR 4394 RH
U.S.C. 371 et seq.) constructed on lands adminis-1
tered by the Department of the Interior or the De-2
partment of Agriculture, exclusive of any easement, 3
right-of-way, lease, or any private holding, if the 4
project applicant or sponsor elects to participate in 5
the process authorized by this title. Such term shall 6
also include State-led projects (as defined in section 7
4007(a)(2) of the WIIN Act) for new surface water 8
storage projects in the States covered under the Act 9
of June 17, 1902 (32 Stat. 388, chapter 1093), and 10
Acts supplemental to and amendatory of that Act 11
(43 U.S.C. 371 et seq.) constructed on lands admin-12
istered by the Department of the Interior or the De-13
partment of Agriculture, exclusive of any easement, 14
right-of-way, lease, or any private holding, unless the 15
project applicant elects not to participate in the 16
process authorized by this title. 17
(4) S
ECRETARY.—The term ‘‘Secretary’’ means 18
the Secretary of the Interior. 19
S
EC. 552. ESTABLISHMENT OF LEAD AGENCY AND 20
COOPERATING AGENCIES . 21
(a) E
STABLISHMENT OF LEADAGENCY.—The Bu-22
reau is established as the lead agency for purposes of co-23
ordinating all reviews, analyses, opinions, statements, per-24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 86
•HR 4394 RH
mits, licenses, or other approvals or decisions required 1
under Federal law to construct qualifying projects. 2
(b) I
DENTIFICATION AND ESTABLISHMENT OF CO-3
OPERATINGAGENCIES.—The Commissioner of the Bureau 4
shall— 5
(1) identify, as early as practicable upon receipt 6
of an application for a qualifying project, any Fed-7
eral agency that may have jurisdiction over a review, 8
analysis, opinion, statement, permit, license, ap-9
proval, or decision required for a qualifying project 10
under applicable Federal laws and regulations; and 11
(2) notify any such agency, within a reasonable 12
timeframe, that the agency has been designated as 13
a cooperating agency in regards to the qualifying 14
project unless that agency responds to the Bureau in 15
writing, within a timeframe set forth by the Bureau, 16
notifying the Bureau that the agency— 17
(A) has no jurisdiction or authority with 18
respect to the qualifying project; 19
(B) has no expertise or information rel-20
evant to the qualifying project or any review, 21
analysis, opinion, statement, permit, license, or 22
other approval or decision associated therewith; 23
or 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 87
•HR 4394 RH
(C) does not intend to submit comments 1
on the qualifying project or conduct any review 2
of such a project or make any decision with re-3
spect to such project in a manner other than in 4
cooperation with the Bureau. 5
(c) S
TATEAUTHORITY.—A State in which a quali-6
fying project is being considered may choose, consistent 7
with State law— 8
(1) to participate as a cooperating agency; and 9
(2) to make subject to the processes of this sub-10
title all State agencies that— 11
(A) have jurisdiction over the qualifying 12
project; 13
(B) are required to conduct or issue a re-14
view, analysis, or opinion for the qualifying 15
project; or 16
(C) are required to make a determination 17
on issuing a permit, license, or approval for the 18
qualifying project. 19
S
EC. 553. BUREAU RESPONSIBILITIES. 20
(a) I
NGENERAL.—The principal responsibilities of 21
the Bureau under this subtitle are— 22
(1) to serve as the point of contact for appli-23
cants, State agencies, Indian Tribes, and others re-24
garding proposed qualifying projects; 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 88
•HR 4394 RH
(2) to coordinate preparation of unified environ-1
mental documentation that will serve as the basis for 2
all Federal decisions necessary to authorize the use 3
of Federal lands for qualifying projects; and 4
(3) to coordinate all Federal agency reviews 5
necessary for project development and construction 6
of qualifying projects. 7
(b) C
OORDINATION PROCESS.—The Bureau shall 8
have the following coordination responsibilities: 9
(1) P
REAPPLICATION COORDINATION .—Notify 10
cooperating agencies of proposed qualifying projects 11
not later than 30 days after receipt of a proposal 12
and facilitate a preapplication meeting for prospec-13
tive applicants, relevant Federal and State agencies, 14
and Indian Tribes— 15
(A) to explain applicable processes, data 16
requirements, and applicant submissions nec-17
essary to complete the required Federal agency 18
reviews within the timeframe established; and 19
(B) to establish the schedule for the quali-20
fying project. 21
(2) C
ONSULTATION WITH COOPERATING AGEN -22
CIES.—Consult with the cooperating agencies 23
throughout the Federal agency review process, iden-24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 89
•HR 4394 RH
tify and obtain relevant data in a timely manner, 1
and set necessary deadlines for cooperating agencies. 2
(3) S
CHEDULE.—Work with the qualifying 3
project applicant and cooperating agencies to estab-4
lish a project schedule. In establishing the schedule, 5
the Bureau shall consider, among other factors— 6
(A) the responsibilities of cooperating 7
agencies under applicable laws and regulations; 8
(B) the resources available to the cooper-9
ating agencies and the non-Federal qualifying 10
project sponsor, as applicable; 11
(C) the overall size and complexity of the 12
qualifying project; 13
(D) the overall schedule for and cost of the 14
qualifying project; and 15
(E) the sensitivity of the natural and his-16
toric resources that may be affected by the 17
qualifying project. 18
(4) E
NVIRONMENTAL COMPLIANCE .—Prepare a 19
unified environmental review document for each 20
qualifying project application, incorporating a single 21
environmental record on which all cooperating agen-22
cies with authority to issue approvals for a given 23
qualifying project shall base project approval deci-24
sions. Help ensure that cooperating agencies make 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 90
•HR 4394 RH
necessary decisions, within their respective authori-1
ties, regarding Federal approvals in accordance with 2
the following timelines: 3
(A) Not later than 1 year after acceptance 4
of a completed project application when an en-5
vironmental assessment and finding of no sig-6
nificant impact is determined to be the appro-7
priate level of review under the National Envi-8
ronmental Policy Act of 1969 (42 U.S.C. 4321 9
et seq.). 10
(B) Not later than 1 year and 30 days 11
after the close of the public comment period for 12
a draft environmental impact statement under 13
the National Environmental Policy Act of 1969 14
(42 U.S.C. 4321 et seq.), when an environ-15
mental impact statement is required under the 16
same. 17
(5) C
ONSOLIDATED ADMINISTRATIVE 18
RECORD.—Maintain a consolidated administrative 19
record of the information assembled and used by the 20
cooperating agencies as the basis for agency deci-21
sions. 22
(6) P
ROJECT DATA RECORDS .—To the extent 23
practicable and consistent with Federal law, ensure 24
that all project data is submitted and maintained in 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 91
•HR 4394 RH
generally accessible electronic format, compile, and 1
where authorized under existing law, make available 2
such project data to cooperating agencies, the quali-3
fying project applicant, and to the public. 4
(7) P
ROJECT MANAGER .—Appoint a project 5
manager for each qualifying project. The project 6
manager shall have authority to oversee the project 7
and to facilitate the issuance of the relevant final 8
authorizing documents, and shall be responsible for 9
ensuring fulfillment of all Bureau responsibilities set 10
forth in this section and all cooperating agency re-11
sponsibilities under section 554. 12
S
EC. 554. COOPERATING AGENCY RESPONSIBILITIES . 13
(a) A
DHERENCE TOBUREAUSCHEDULE.— 14
(1) T
IMEFRAMES.—On notification of an appli-15
cation for a qualifying project, the head of each co-16
operating agency shall submit to the Bureau a time-17
frame under which the cooperating agency reason-18
ably will be able to complete the authorizing respon-19
sibilities of the cooperating agency. 20
(2) S
CHEDULE.— 21
(A) U
SE OF TIMEFRAMES .—The Bureau 22
shall use the timeframes submitted under this 23
subsection to establish the project schedule 24
under section 504. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 92
•HR 4394 RH
(B) ADHERENCE.—Each cooperating agen-1
cy shall adhere to the project schedule estab-2
lished by the Bureau under subparagraph (A). 3
(b) E
NVIRONMENTAL RECORD.—The head of each 4
cooperating agency shall submit to the Bureau all environ-5
mental review material produced or compiled in the course 6
of carrying out activities required under Federal law, con-7
sistent with the project schedule established by the Bureau 8
under subsection (a)(2). 9
(c) D
ATASUBMISSION.—To the extent practicable 10
and consistent with Federal law, the head of each cooper-11
ating agency shall submit all relevant project data to the 12
Bureau in a generally accessible electronic format, subject 13
to the project schedule established by the Bureau under 14
subsection (a)(2). 15
S
EC. 555. FUNDING TO PROCESS PERMITS . 16
(a) I
NGENERAL.—The Secretary, after public notice 17
in accordance with subchapter II of chapter 5, and chapter 18
7, of title 5, United States Code (commonly known as the 19
‘‘Administrative Procedure Act’’), may accept and expend 20
funds, to the extent provided in advance in appropriations 21
Acts, contributed by a non-Federal public entity to expe-22
dite the evaluation of a permit of that entity related to 23
a qualifying project. 24
(b) E
FFECT ONPERMITTING.— 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 93
•HR 4394 RH
(1) EVALUATION OF PERMITS .—In carrying out 1
this section, the Secretary shall ensure that the eval-2
uation of permits carried out using funds accepted 3
under this section shall— 4
(A) be reviewed by the Regional Director 5
of the Bureau of the region in which the quali-6
fying project or activity is located (or a des-7
ignee); and 8
(B) use the same procedures for decisions 9
that would otherwise be required for the evalua-10
tion of permits for similar projects or activities 11
not carried out using funds authorized under 12
this section. 13
(2) I
MPARTIAL DECISION MAKING .—In carrying 14
out this section, the Secretary shall ensure that the 15
use of the funds accepted under this section for a 16
qualifying project shall not— 17
(A) substantively or procedurally impact 18
impartial decision making with respect to the 19
issuance of permits; or 20
(B) diminish, modify, or otherwise affect 21
the statutory or regulatory authorities of the 22
cooperating agency. 23
(c) L
IMITATION ONUSE OFFUNDS.—None of the 24
funds accepted under this section shall be used to carry 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 94
•HR 4394 RH
out a review of the evaluation of permits required under 1
subsection (b)(1)(A). 2
(d) P
UBLICAVAILABILITY.—The Secretary shall en-3
sure that all final permit decisions carried out using funds 4
authorized under this section are made available to the 5
public, including on the internet. 6
TITLE VI 7
GENERAL PROVISIONS 8
(INCLUDING TRANSFER OF FUNDS) 9
S
EC. 601. None of the funds appropriated by this Act 10
may be used in any way, directly or indirectly, to influence 11
congressional action on any legislation or appropriation 12
matters pending before Congress, other than to commu-13
nicate to Members of Congress as described in 18 U.S.C. 14
1913. 15
S
EC. 602. (a) None of the funds made available in 16
title III of this Act may be transferred to any department, 17
agency, or instrumentality of the United States Govern-18
ment, except pursuant to a transfer made by or transfer 19
authority provided in this Act or any other appropriations 20
Act for any fiscal year, transfer authority referenced in 21
the report accompanying this Act, or any authority where-22
by a department, agency, or instrumentality of the United 23
States Government may provide goods or services to an-24
other department, agency, or instrumentality. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 95
•HR 4394 RH
(b) None of the funds made available for any depart-1
ment, agency, or instrumentality of the United States 2
Government may be transferred to accounts funded in title 3
III of this Act, except pursuant to a transfer made by or 4
transfer authority provided in this Act or any other appro-5
priations Act for any fiscal year, transfer authority ref-6
erenced in the report accompanying this Act, or any au-7
thority whereby a department, agency, or instrumentality 8
of the United States Government may provide goods or 9
services to another department, agency, or instrumen-10
tality. 11
(c) The head of any relevant department or agency 12
funded in this Act utilizing any transfer authority shall 13
submit to the Committees on Appropriations of both 14
Houses of Congress a semiannual report detailing the 15
transfer authorities, except for any authority whereby a 16
department, agency, or instrumentality of the United 17
States Government may provide goods or services to an-18
other department, agency, or instrumentality, used in the 19
previous 6 months and in the year-to-date. This report 20
shall include the amounts transferred and the purposes 21
for which they were transferred, and shall not replace or 22
modify existing notification requirements for each author-23
ity. 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 96
•HR 4394 RH
SEC. 603. (a) None of the funds made available in 1
this Act may be used to maintain or establish a computer 2
network unless such network blocks the viewing, 3
downloading, and exchanging of pornography. 4
(b) Nothing in subsection (a) shall limit the use of 5
funds necessary for any Federal, State, Tribal, or local 6
law enforcement agency or any other entity carrying out 7
criminal investigations, prosecution, or adjudication activi-8
ties. 9
S
EC. 604. (a) No federal monies shall be expended 10
in furtherance of any agreement among private entities 11
for consolidated interim storage of spent nuclear fuel that 12
is not specifically authorized under federal law until such 13
time that host state and local governments and any af-14
fected Indian tribes have formalized their consent. 15
(b) Provided that the prohibition provided for in this 16
section shall not apply to facilities presently storing com-17
mercial spent nuclear fuel, pursuant to an NRC license, 18
as of the date of enactment of this Act. 19
(c) For purposes of this section, ‘‘spent nuclear fuel’’ 20
shall have the same meaning as provided in section 2 of 21
the Nuclear Waste Policy Act of 1982. 22
S
EC. 605. None of the funds made available by this 23
Act may be used to carry out any program, project, or 24
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 97
•HR 4394 RH
activity that promotes or advances Critical Race Theory 1
or any concept associated with Critical Race Theory. 2
S
EC. 606. None of the funds appropriated or other-3
wise made available by this Act may be made available 4
to implement, administer, apply, enforce, or carry out the 5
Equity Action Plan of the Department of Energy, or Exec-6
utive Order 13985 of January 20, 2021 (86 Fed. Reg. 7
7009, relating to advancing racial equity and support for 8
underserved communities through the Federal Govern-9
ment), Executive Order 14035 of June 25, 2021 (86 Fed. 10
Reg. 34593, relating to diversity, equity, inclusion, and 11
accessibility in the Federal workforce), or Executive Order 12
14091 of February 16, 2023 (88 Fed. Reg. 10825, relat-13
ing to further advancing racial equity and support for un-14
derserved communities through the Federal Government). 15
S
EC. 607. (a) In general.—Notwithstanding section 16
7 of title 1, United States Code, section 1738C of title 17
28, United States Code, or any other provision of law, 18
none of the funds provided by this Act, or previous appro-19
priations Acts, shall be used in whole or in part to take 20
any discriminatory action against a person, wholly or par-21
tially, on the basis that such person speaks, or acts, in 22
accordance with a sincerely held religious belief, or moral 23
conviction, that marriage is, or should be recognized as, 24
a union of one man and one woman. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 98
•HR 4394 RH
(b) Discriminatory action defined.—As used in sub-1
section (a), a discriminatory action means any action 2
taken by the Federal Government to— 3
(1) alter in any way the Federal tax treatment 4
of, or cause any tax, penalty, or payment to be as-5
sessed against, or deny, delay, or revoke an exemp-6
tion from taxation under section 501(a) of the Inter-7
nal Revenue Code of 1986 of, any person referred to 8
in subsection (a); 9
(2) disallow a deduction for Federal tax pur-10
poses of any charitable contribution made to or by 11
such person; 12
(3) withhold, reduce the amount or funding for, 13
exclude, terminate, or otherwise make unavailable or 14
deny, any Federal grant, contract, subcontract, co-15
operative agreement, guarantee, loan, scholarship, li-16
cense, certification, accreditation, employment, or 17
other similar position or status from or to such per-18
son; 19
(4) withhold, reduce, exclude, terminate, or oth-20
erwise make unavailable or deny, any entitlement or 21
benefit under a Federal benefit program, including 22
admission to, equal treatment in, or eligibility for a 23
degree from an educational program, from or to 24
such person; or 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 99
•HR 4394 RH
(5) withhold, reduce, exclude, terminate, or oth-1
erwise make unavailable or deny access or an entitle-2
ment to Federal property, facilities, educational in-3
stitutions, speech fora (including traditional, limited, 4
and nonpublic fora), or charitable fundraising cam-5
paigns from or to such person. 6
(c) Accreditation; Licensure; Certification.—The 7
Federal Government shall consider accredited, licensed, or 8
certified for purposes of Federal law any person that 9
would be accredited, licensed, or certified, respectively, for 10
such purposes but for a determination against such person 11
wholly or partially on the basis that the person speaks, 12
or acts, in accordance with a sincerely held religious belief 13
or moral conviction described in subsection (a). 14
S
EC. 608. None of the funds made available by this 15
Act may be used to finalize, implement, administer, apply, 16
or enforce the proposed rule entitled ‘‘Energy Conserva-17
tion Program: Energy Conservation Standards for Resi-18
dential Clothes Washers’’ published by the Department of 19
Energy in the Federal Register on March 3, 2023 (88 20
Fed. Reg. 13520), or any substantively similar rule. 21
S
EC. 609. None of the funds made available by this 22
Act may be used to implement, administer, apply, enforce, 23
or carry out any diversity, equity, and inclusion office, pro-24
gram, or training. 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 100
•HR 4394 RH
SEC. 610. None of the funds made available by this 1
Act may be used to implement or enforce section 370 of 2
Public Law 116–283 with respect to civil works projects. 3
S
EC. 611. None of the funds made available by this 4
Act may be used by the Department of Energy to award 5
any grant, contract, subcontract, award, loan, program, 6
support, or other activity, to any entity who enters into, 7
or maintains, partnerships or licensing agreements with 8
any entity of concern, as defined in section 10114 of title 9
I of division B of Public Law 117–167. 10
STATE-OWNED ENTERPRISES PROHIBITION 11
S
EC. 612. (a) INNOVATE INAMERICA.—None of the 12
funds made available by this Act may be used by the Sec-13
retary of Energy to award a contract, subcontract, grant, 14
or loan to an entity that— 15
(1) is owned or controlled by, is a subsidiary of, 16
or is otherwise related legally or financially to a cor-17
poration based in a country that— 18
(A) is identified as a nonmarket economy 19
country (as defined in section 771(18) of the 20
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 21
the date of enactment of this Act; 22
(B) was identified by the United States 23
Trade Representative in the most recent report 24
required by section 182 of the Trade Act of 25
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS 101
•HR 4394 RH
1974 (19 U.S.C. 2242) as a priority foreign 1
country under subsection (a)(2) of that section; 2
and 3
(C) is subject to monitoring by the Trade 4
Representative under section 306 of the Trade 5
Act of 1974 (19 U.S.C. 2416); or 6
(2) is listed pursuant to section 9(b)(3) of the 7
Uyghur Human Rights Policy Act of 2020 (Public 8
Law 116–145). 9
(b) E
XCEPTION.—For purposes of subsection (a), the 10
Secretary of Energy may issue a waiver, to be made pub-11
licly available, to an entity in which the legal or financial 12
connection to a corporation is a minority relationship or 13
investment. 14
(c) I
NTERNATIONAL AGREEMENTS.—This section 15
shall be applied in a manner consistent with the obliga-16
tions of the United States under applicable international 17
agreements. 18
S
PENDINGREDUCTIONACCOUNT 19
S
EC. 613. $0. 20
This Act may be cited as the ‘‘Energy and Water De-21
velopment and Related Agencies Appropriations Act, 22
2024’’. 23
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS Union Calendar No.
98
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 4394
[Report No. 118–126]
A BILL
Making appropriations for energy and water devel-
opment and related agencies for the fiscal year
ending September 30, 2024, and for other pur-
poses.
J
UNE
30, 2023
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00102 Fmt 6651 Sfmt 6651 E:\BILLS\H4394.RH H4394
kjohnson on DSK79L0C42PROD with BILLS