118THCONGRESS 1 STSESSION H. R. 4394 AN ACT Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2024, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 2 •HR 4394 EH That 1 TITLE I 2 CORPS OF ENGINEERS—CIVIL 3 DEPARTMENT OF THE ARMY 4 C ORPS OFENGINEERS—CIVIL 5 The following appropriations shall be expended under 6 the direction of the Secretary of the Army and the super-7 vision of the Chief of Engineers for authorized civil func-8 tions of the Department of the Army pertaining to river 9 and harbor, flood and storm damage reduction, shore pro-10 tection, aquatic ecosystem restoration, and related efforts. 11 INVESTIGATIONS 12 For expenses necessary where authorized by law for 13 the collection and study of basic information pertaining 14 to river and harbor, flood and storm damage reduction, 15 shore protection, aquatic ecosystem restoration, and re-16 lated needs; for surveys and detailed studies, and plans 17 and specifications of proposed river and harbor, flood and 18 storm damage reduction, shore protection, and aquatic 19 ecosystem restoration projects, and related efforts prior to 20 construction; for restudy of authorized projects; and for 21 miscellaneous investigations, and, when authorized by law, 22 surveys and detailed studies, and plans and specifications 23 of projects prior to construction, $136,087,000 (reduced 24 by $1,000,000) (increased by $1,000,000) (increased by 25 3 •HR 4394 EH $10,000,000) (reduced by $10,000,000), to remain avail-1 able until expended: Provided, That the Secretary shall not 2 deviate from the work plan, once the plan has been sub-3 mitted to the Committees on Appropriations of both 4 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 (increased by 16 $1,746,000,000) (reduced by $1,746,000,000) (increased 17 by $10,000,000) (reduced by $10,000,000), to remain 18 available until expended; of which $74,152,000, to be de-19 rived from the Harbor Maintenance Trust Fund, shall be 20 to cover the Federal share of construction costs for facili-21 ties under the Dredged Material Disposal Facilities pro-22 gram; and of which such sums as are necessary to cover 23 35 percent of the costs of construction, replacement, reha-24 bilitation, and expansion of inland waterways projects 25 4 •HR 4394 EH shall be derived from the Inland Waterways Trust Fund, 1 except as otherwise specifically provided for in law: Pro-2 vided, That the Secretary shall not deviate from the work 3 plan, once the plan has been submitted to the Committees 4 on Appropriations of both Houses of Congress. 5 MISSISSIPPI RIVER AND TRIBUTARIES 6 For expenses necessary for flood damage reduction 7 projects and related efforts in the Mississippi River allu-8 vial valley below Cape Girardeau, Missouri, as authorized 9 by law, $364,349,000, to remain available until expended, 10 of which $5,457,000, to be derived from the Harbor Main-11 tenance Trust Fund, shall be to cover the Federal share 12 of eligible operation and maintenance costs for inland har-13 bors: Provided, That the Secretary shall not deviate from 14 the work plan, once the plan has been submitted to the 15 Committees on Appropriations of both Houses of Con-16 gress. 17 OPERATION AND MAINTENANCE 18 For expenses necessary for the operation, mainte-19 nance, and care of existing river and harbor, flood and 20 storm damage reduction, aquatic ecosystem restoration, 21 and related projects authorized by law; providing security 22 for infrastructure owned or operated by the Corps, includ-23 ing administrative buildings and laboratories; maintaining 24 harbor channels provided by a State, municipality, or 25 5 •HR 4394 EH other public agency that serve essential navigation needs 1 of general commerce, where authorized by law; surveying 2 and charting northern and northwestern lakes and con-3 necting waters; clearing and straightening channels; and 4 removing obstructions to navigation, $5,496,622,000 (in-5 creased by $3,000,000) (reduced by $3,000,000), to re-6 main available until expended, of which $2,691,391,000, 7 to be derived from the Harbor Maintenance Trust Fund, 8 shall be to cover the Federal share of eligible operations 9 and maintenance costs for coastal harbors and channels, 10 and for inland harbors; of which such sums as become 11 available from the special account for the Corps of Engi-12 neers established by the Land and Water Conservation 13 Fund Act of 1965 shall be derived from that account for 14 resource protection, research, interpretation, and mainte-15 nance activities related to resource protection in the areas 16 at which outdoor recreation is available; of which such 17 sums as become available from fees collected under section 18 217 of Public Law 104–303 shall be used to cover the 19 cost of operation and maintenance of the dredged material 20 disposal facilities for which such fees have been collected; 21 and of which $58,000,000, to be derived from the general 22 fund of the Treasury, shall be to carry out subsection (c) 23 of section 2106 of the Water Resources Reform and Devel-24 opment Act of 2014 (33 U.S.C. 2238c) and shall be des-25 6 •HR 4394 EH ignated as being for such purpose pursuant to paragraph 1 (2) of section 14003 of division B of the Coronavirus Aid, 2 Relief, and Economic Security Act (Public Law 116–136): 3 Provided, That 1 percent of the total amount of funds pro-4 vided for each of the programs, projects, or activities fund-5 ed under this heading shall not be allocated to a field oper-6 ating activity prior to the beginning of the fourth quarter 7 of the fiscal year and shall be available for use by the Chief 8 of Engineers to fund such emergency activities as the 9 Chief of Engineers determines to be necessary and appro-10 priate, and that the Chief of Engineers shall allocate dur-11 ing the fourth quarter any remaining funds which have 12 not been used for emergency activities proportionally in 13 accordance with the amounts provided for the programs, 14 projects, or activities: Provided further, That the Secretary 15 shall not deviate from the work plan, once the plan has 16 been submitted to the Committees on Appropriations of 17 both Houses of Congress. 18 REGULATORY PROGRAM 19 For expenses necessary for administration of laws 20 pertaining to regulation of navigable waters and wetlands, 21 $218,000,000, to remain available until September 30, 22 2025. 23 7 •HR 4394 EH FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 1 For expenses necessary to clean up contamination 2 from sites in the United States resulting from work per-3 formed as part of the Nation’s early atomic energy pro-4 gram, $200,000,000, to remain available until expended. 5 FLOOD CONTROL AND COASTAL EMERGENCIES 6 For expenses necessary to prepare for flood, hurri-7 cane, typhoon, and other natural disasters and support 8 emergency operations, repairs, and other activities in re-9 sponse to such disasters as authorized by law, 10 $40,000,000 (reduced by $1,000,000) (increased by 11 $1,000,000) (increased by $1,500,000), to remain avail-12 able until expended. 13 EXPENSES 14 For expenses necessary for the supervision and gen-15 eral administration of the civil works program in the head-16 quarters of the Corps of Engineers and the offices of the 17 Division Engineers; and for costs of management and op-18 eration of the Humphreys Engineer Center Support Activ-19 ity, the Institute for Water Resources, the United States 20 Army Engineer Research and Development Center, and 21 the United States Army Corps of Engineers Finance Cen-22 ter allocable to the civil works program, $215,000,000 (in-23 creased by $1,500,000), to remain available until Sep-24 tember 30, 2025, of which not to exceed $5,000 may be 25 8 •HR 4394 EH used for official reception and representation purposes and 1 only during the current fiscal year: Provided, That no part 2 of any other appropriation provided in this title shall be 3 available to fund the civil works activities of the Office 4 of the Chief of Engineers or the civil works executive di-5 rection and management activities of the division offices: 6 Provided further, That any Flood Control and Coastal 7 Emergencies appropriation may be used to fund the super-8 vision and general administration of emergency oper-9 ations, repairs, and other activities in response to any 10 flood, hurricane, typhoon, or other natural disaster. 11 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 12 FOR CIVIL WORKS 13 For the Office of the Assistant Secretary of the Army 14 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 15 $5,000,000, to remain available until September 30, 2025: 16 Provided, That not more than 25 percent of such amount 17 may be obligated or expended until the Assistant Sec-18 retary submits to the Committees on Appropriations of 19 both Houses of Congress the report required under section 20 101(d) of this Act and a work plan that allocates at least 21 95 percent of the additional funding provided under each 22 heading in the report accompanying this Act to specific 23 programs, projects, or activities. 24 9 •HR 4394 EH WATER INFRASTRUCTURE FINANCE AND INNOVATION 1 PROGRAM ACCOUNT 2 For administrative expenses to carry out the direct 3 and guaranteed loan programs authorized by the Water 4 Infrastructure Finance and Innovation Act of 2014, 5 $5,000,000, to remain available until September 30, 2025. 6 GENERAL PROVISIONS—CORPS OF 7 ENGINEERS—CIVIL 8 (INCLUDING TRANSFER OF FUNDS) 9 S EC. 101. (a) None of the funds provided in title I 10 of this Act, or provided by previous appropriations Acts 11 to the agencies or entities funded in title I of this Act 12 that remain available for obligation or expenditure in fiscal 13 year 2024, shall be available for obligation or expenditure 14 through a reprogramming of funds that: 15 (1) creates or initiates a new program, project, 16 or activity; 17 (2) eliminates a program, project, or activity; 18 (3) increases funds or personnel for any pro-19 gram, project, or activity for which funds have been 20 denied or restricted by this Act, unless prior ap-21 proval is received from the Committees on Appro-22 priations of both Houses of Congress; 23 (4) proposes to use funds directed for a specific 24 activity for a different purpose, unless prior approval 25 10 •HR 4394 EH is received from the Committees on Appropriations 1 of both Houses of Congress; 2 (5) augments or reduces existing programs, 3 projects, or activities in excess of the amounts con-4 tained in paragraphs (6) through (10), unless prior 5 approval is received from the Committees on Appro-6 priations of both Houses of Congress; 7 (6) I NVESTIGATIONS.—For a base level over 8 $100,000, reprogramming of 25 percent of the base 9 amount up to a limit of $150,000 per project, study 10 or activity is allowed: Provided, That for a base level 11 less than $100,000, the reprogramming limit is 12 $25,000: Provided further, That up to $25,000 may 13 be reprogrammed into any continuing study or activ-14 ity that did not receive an appropriation for existing 15 obligations and concomitant administrative expenses; 16 (7) C ONSTRUCTION.—For a base level over 17 $2,000,000, reprogramming of 15 percent of the 18 base amount up to a limit of $3,000,000 per project, 19 study or activity is allowed: Provided, That for a 20 base level less than $2,000,000, the reprogramming 21 limit is $300,000: Provided further, That up to 22 $3,000,000 may be reprogrammed for settled con-23 tractor claims, changed conditions, or real estate de-24 ficiency judgments: Provided further, That up to 25 11 •HR 4394 EH $300,000 may be reprogrammed into any continuing 1 study or activity that did not receive an appropria-2 tion for existing obligations and concomitant admin-3 istrative expenses; 4 (8) O PERATION AND MAINTENANCE .—Unlim-5 ited reprogramming authority is granted for the 6 Corps to be able to respond to emergencies: Pro-7 vided, That the Chief of Engineers shall notify the 8 Committees on Appropriations of both Houses of 9 Congress of these emergency actions as soon there-10 after as practicable: Provided further, That for a 11 base level over $1,000,000, reprogramming of 15 12 percent of the base amount up to a limit of 13 $5,000,000 per project, study, or activity is allowed: 14 Provided further, That for a base level less than 15 $1,000,000, the reprogramming limit is $150,000: 16 Provided further, That $150,000 may be repro-17 grammed into any continuing study or activity that 18 did not receive an appropriation; 19 (9) M ISSISSIPPI RIVER AND TRIBUTARIES .— 20 The reprogramming guidelines in paragraphs (6), 21 (7), and (8) shall apply to the Investigations, Con-22 struction, and Operation and Maintenance portions 23 of the Mississippi River and Tributaries Account, re-24 spectively; and 25 12 •HR 4394 EH (10) FORMERLY UTILIZED SITES REMEDIAL AC -1 TION PROGRAM.—Reprogramming of up to 15 per-2 cent of the base of the receiving project is permitted. 3 (b) D EMINIMUSREPROGRAMMINGS.—In no case 4 should a reprogramming for less than $50,000 be sub-5 mitted to the Committees on Appropriations of both 6 Houses of Congress. 7 (c) C ONTINUINGAUTHORITIESPROGRAM.—Sub-8 section (a)(1) shall not apply to any project or activity 9 funded under the continuing authorities program. 10 (d) Not later than 60 days after the date of enact-11 ment of this Act, the Secretary shall submit a report to 12 the Committees on Appropriations of both Houses of Con-13 gress to establish the baseline for application of re-14 programming and transfer authorities for the current fis-15 cal year which shall include: 16 (1) A table for each appropriation with a sepa-17 rate column to display the President’s budget re-18 quest, adjustments made by Congress, adjustments 19 due to enacted rescissions, if applicable, and the fis-20 cal year enacted level; 21 (2) A delineation in the table for each appro-22 priation both by object class and program, project 23 and activity as detailed in the budget appendix for 24 the respective appropriations; and 25 13 •HR 4394 EH (3) An identification of items of special congres-1 sional interest. 2 S EC. 102. The Secretary shall allocate funds made 3 available in this Act solely in accordance with the provi-4 sions of this Act and in the report accompanying this Act. 5 S EC. 103. None of the funds made available in this 6 title may be used to award or modify any contract that 7 commits funds beyond the amounts appropriated for that 8 program, project, or activity that remain unobligated, ex-9 cept that such amounts may include any funds that have 10 been made available through reprogramming pursuant to 11 section 101. 12 S EC. 104. The Secretary of the Army may transfer 13 to the Fish and Wildlife Service, and the Fish and Wildlife 14 Service may accept and expend, up to $8,200,000 of funds 15 provided in this title under the heading ‘‘Operation and 16 Maintenance’’ to mitigate for fisheries lost due to Corps 17 of Engineers projects. 18 S EC. 105. None of the funds in this Act shall be used 19 for an open lake placement alternative for dredged mate-20 rial, after evaluating the least costly, environmentally ac-21 ceptable manner for the disposal or management of 22 dredged material originating from Lake Erie or tributaries 23 thereto, unless it is approved under a State water quality 24 certification pursuant to section 401 of the Federal Water 25 14 •HR 4394 EH Pollution Control Act (33 U.S.C. 1341): Provided, That 1 until an open lake placement alternative for dredged mate-2 rial is approved under a State water quality certification, 3 the Corps of Engineers shall continue upland placement 4 of such dredged material consistent with the requirements 5 of section 101 of the Water Resources Development Act 6 of 1986 (33 U.S.C. 2211). 7 S EC. 106. None of the funds made available by this 8 Act may be used to carry out any water supply reallocation 9 study under the Wolf Creek Dam, Lake Cumberland, Ken-10 tucky, project authorized under the Act of July 24, 1946 11 (60 Stat. 636, ch. 595). 12 S EC. 107. None of the funds made available by this 13 Act or any other Act may be used to reorganize or to 14 transfer the Civil Works functions or authority of the 15 Corps of Engineers or the Secretary of the Army to an-16 other department or agency. 17 S EC. 108. Additional funding provided in this Act 18 shall be allocated only to projects determined to be eligible 19 by the Chief of Engineers. 20 S EC. 109. The rule submitted by the Department of 21 the Army, Corps of Engineers, Department of Defense, 22 and the Environmental Protection Agency relating to ‘‘Re-23 vised Definition of ‘Waters of the United States’’’ (88 24 15 •HR 4394 EH Fed. Reg. 3004 (January 18, 2023)) shall have no force 1 or effect. 2 S EC. 110. As of the date of enactment of this Act 3 and each fiscal year thereafter, the Secretary of the Army 4 shall not promulgate or enforce any regulation that pro-5 hibits an individual from possessing a firearm, including 6 an assembled or functional firearm, at a water resources 7 development project covered under section 327.0 of title 8 36, Code of Federal Regulations (as in effect on the date 9 of enactment of this Act) if: 10 (1) the individual is not otherwise prohibited by 11 law from possessing a firearm; and 12 (2) the possession of the firearm is in compli-13 ance with the law of the State in which the water 14 resources development project is located. 15 S EC. 111. None of the funds made available by this 16 Act or any other Act in any fiscal year may be used to 17 alter the eligibility requirements for assistance under sec-18 tion 5 of the Act of August 18, 1941 (33 U.S.C. 701n) 19 in effect on November 14, 2022, without express author-20 ization by Congress. 21 S EC. 112. Notwithstanding any other requirement, 22 unobligated balances from amounts made available under 23 the heading ‘‘Corps of Engineers—Civil—Construction’’ 24 in division J of the Infrastructure Investment and Jobs 25 16 •HR 4394 EH Act (Public Law 117–58) for which spend plan allocations 1 have not been announced as of the date of enactment of 2 this Act may be made available for projects, regardless 3 of project purpose, that have previously received funds 4 under the heading ‘‘Corps of Engineers—Civil—Construc-5 tion’’ in the Bipartisan Budget Act of 2018 (Public Law 6 115–123) and for which non-Federal interests have en-7 tered into binding agreements with the Secretary as of the 8 date of enactment of this Act: Provided, That projects re-9 ceiving Infrastructure Investment and Jobs Act (Public 10 Law 117–58) funding pursuant to this section shall be 11 subject only to the terms and conditions of the Bipartisan 12 Budget Act of 2018 (Public Law 115–123): Provided fur-13 ther, That amounts repurposed pursuant to this section 14 that were previously designated by the Congress as an 15 emergency requirement pursuant to the Balanced Budget 16 and Emergency Deficit Control Act of 1985 or a concur-17 rent resolution on the budget are designated by the Con-18 gress as an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 17 •HR 4394 EH TITLE II 1 DEPARTMENT OF THE INTERIOR 2 C ENTRALUTAHPROJECT 3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4 For carrying out activities authorized by the Central 5 Utah Project Completion Act, $23,000,000, to remain 6 available until expended, of which $4,650,000 shall be de-7 posited into the Utah Reclamation Mitigation and Con-8 servation Account for use by the Utah Reclamation Miti-9 gation and Conservation Commission: Provided, That of 10 the amount provided under this heading, $1,750,000 shall 11 be available until September 30, 2025, for expenses nec-12 essary in carrying out related responsibilities of the Sec-13 retary of the Interior: Provided further, That for fiscal 14 year 2024, of the amount made available to the Commis-15 sion under this Act or any other Act, the Commission may 16 use an amount not to exceed $1,990,000 for administra-17 tive expenses. 18 B UREAU OFRECLAMATION 19 The following appropriations shall be expended to 20 execute authorized functions of the Bureau of Reclama-21 tion: 22 18 •HR 4394 EH WATER AND RELATED RESOURCES 1 (INCLUDING TRANSFERS OF FUNDS) 2 For management, development, and restoration of 3 water and related natural resources and for related activi-4 ties, including the operation, maintenance, and rehabilita-5 tion of reclamation and other facilities, participation in 6 fulfilling related Federal responsibilities to Native Ameri-7 cans, and related grants to, and cooperative and other 8 agreements with, State and local governments, federally 9 recognized Indian Tribes, and others, $1,693,366,000 (in-10 creased by $2,000,000) (increased by $4,000,000) (in-11 creased by $500,000) (increased by $1,000,000), to re-12 main available until expended, of which $1,051,000 (in-13 creased by $2,000,000) shall be available for transfer to 14 the Upper Colorado River Basin Fund and $7,584,000 15 shall be available for transfer to the Lower Colorado River 16 Basin Development Fund; of which such amounts as may 17 be necessary may be advanced to the Colorado River Dam 18 Fund: Provided, That $500,000 shall be available for 19 transfer into the Aging Infrastructure Account established 20 by section 9603(d)(1) of the Omnibus Public Land Man-21 agement Act of 2009, as amended (43 U.S.C. 510b(d)(1)): 22 Provided further, That such transfers, except for the 23 transfer authorized by the preceding proviso, may be in-24 creased or decreased within the overall appropriation 25 19 •HR 4394 EH under this heading: Provided further, That of the total ap-1 propriated, the amount for program activities that can be 2 financed by the Reclamation Fund, the Water Storage En-3 hancement Receipts account established by section 4 4011(e) of Public Law 114–322, or the Bureau of Rec-5 lamation special fee account established by 16 U.S.C. 6 6806 shall be derived from that Fund or account: Provided 7 further, That funds contributed under 43 U.S.C. 395 are 8 available until expended for the purposes for which the 9 funds were contributed: Provided further, That funds ad-10 vanced under 43 U.S.C. 397a shall be credited to this ac-11 count and are available until expended for the same pur-12 poses as the sums appropriated under this heading: Pro-13 vided further, That of the amounts made available under 14 this heading, $5,500,000 shall be deposited in the San Ga-15 briel Basin Restoration Fund established by section 110 16 of title I of division B of appendix D of Public Law 106– 17 554: Provided further, That of the amounts provided here-18 in, funds may be used for high-priority projects which 19 shall be carried out by the Youth Conservation Corps, as 20 authorized by 16 U.S.C. 1706: Provided further, That 21 within available funds, $250,000 shall be for grants and 22 financial assistance for educational activities: Provided 23 further, That in accordance with section 4007 of Public 24 Law 114–322 and as recommended by the Secretary in 25 20 •HR 4394 EH letters dated February 13, 2019, June 22, 2020, and De-1 cember 3, 2020, funding provided for such purpose in this 2 and prior fiscal years shall be made available to the Shasta 3 Dam and Reservoir Enlargement Project. 4 CENTRAL VALLEY PROJECT RESTORATION FUND 5 For carrying out the programs, projects, plans, habi-6 tat restoration, improvement, and acquisition provisions of 7 the Central Valley Project Improvement Act, such sums 8 as may be collected in fiscal year 2024 in the Central Val-9 ley Project Restoration Fund pursuant to sections 10 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 11 to remain available until expended: Provided, That the Bu-12 reau of Reclamation is directed to assess and collect the 13 full amount of the additional mitigation and restoration 14 payments authorized by section 3407(d) of Public Law 15 102–575: Provided further, That none of the funds made 16 available under this heading may be used for the acquisi-17 tion or leasing of water for in-stream purposes if the water 18 is already committed to in-stream purposes by a court 19 adopted decree or order. 20 CALIFORNIA BAY-DELTA RESTORATION 21 (INCLUDING TRANSFERS OF FUNDS) 22 For carrying out activities authorized by the Water 23 Supply, Reliability, and Environmental Improvement Act, 24 consistent with plans to be approved by the Secretary of 25 21 •HR 4394 EH the Interior, $33,000,000, to remain available until ex-1 pended, of which such amounts as may be necessary to 2 carry out such activities may be transferred to appropriate 3 accounts of other participating Federal agencies to carry 4 out authorized purposes: Provided, That funds appro-5 priated herein may be used for the Federal share of the 6 costs of Calfed Program management: Provided further, 7 That Calfed implementation shall be carried out in a bal-8 anced manner with clear performance measures dem-9 onstrating concurrent progress in achieving the goals and 10 objectives of the Program. 11 POLICY AND ADMINISTRATION 12 For expenses necessary for policy, administration, 13 and related functions in the Office of the Commissioner, 14 the Denver office, and offices in the six regions of the Bu-15 reau of Reclamation, to remain available until September 16 30, 2025, $65,079,000, to be derived from the Reclama-17 tion Fund and be nonreimbursable as provided in 43 18 U.S.C. 377, of which not to exceed $5,000 may be used 19 for official reception and representation expenses: Pro-20 vided, That no part of any other appropriation in this Act 21 shall be available for activities or functions budgeted as 22 policy and administration expenses. 23 22 •HR 4394 EH ADMINISTRATIVE PROVISION 1 Appropriations for the Bureau of Reclamation shall 2 be available for purchase and replacement of not to exceed 3 30 motor vehicles, which are for replacement only. 4 GENERAL PROVISIONS—DEPARTMENT OF THE 5 INTERIOR 6 S EC. 201. (a) None of the funds provided in title II 7 of this Act for Water and Related Resources, or provided 8 by previous or subsequent appropriations Acts to the agen-9 cies or entities funded in title II of this Act for Water 10 and Related Resources that remain available for obligation 11 or expenditure in fiscal year 2024, shall be available for 12 obligation or expenditure through a reprogramming of 13 funds that— 14 (1) initiates or creates a new program, project, 15 or activity; 16 (2) eliminates a program, project, or activity; 17 (3) increases funds for any program, project, or 18 activity for which funds have been denied or re-19 stricted by this Act, unless prior approval is received 20 from the Committees on Appropriations of both 21 Houses of Congress; 22 (4) restarts or resumes any program, project or 23 activity for which funds are not provided in this Act, 24 23 •HR 4394 EH unless prior approval is received from the Commit-1 tees on Appropriations of both Houses of Congress; 2 (5) transfers funds in excess of the following 3 limits, unless prior approval is received from the 4 Committees on Appropriations of both Houses of 5 Congress: 6 (A) 15 percent for any program, project or 7 activity for which $2,000,000 or more is avail-8 able at the beginning of the fiscal year; or 9 (B) $400,000 for any program, project or 10 activity for which less than $2,000,000 is avail-11 able at the beginning of the fiscal year; 12 (6) transfers more than $500,000 from either 13 the Facilities Operation, Maintenance, and Rehabili-14 tation category or the Resources Management and 15 Development category to any program, project, or 16 activity in the other category, unless prior approval 17 is received from the Committees on Appropriations 18 of both Houses of Congress; or 19 (7) transfers, where necessary to discharge legal 20 obligations of the Bureau of Reclamation, more than 21 $5,000,000 to provide adequate funds for settled 22 contractor claims, increased contractor earnings due 23 to accelerated rates of operations, and real estate de-24 ficiency judgments, unless prior approval is received 25 24 •HR 4394 EH from the Committees on Appropriations of both 1 Houses of Congress. 2 (b) Subsection (a)(5) shall not apply to any transfer 3 of funds within the Facilities Operation, Maintenance, and 4 Rehabilitation category. 5 (c) For purposes of this section, the term ‘‘transfer’’ 6 means any movement of funds into or out of a program, 7 project, or activity. 8 (d) Except as provided in subsections (a) and (b), the 9 amounts made available in this title under the heading 10 ‘‘Bureau of Reclamation—Water and Related Resources’’ 11 shall be expended for the programs, projects, and activities 12 specified in the ‘‘House Recommended’’ columns in the 13 ‘‘Water and Related Resources’’ table included under the 14 heading ‘‘Title II—Department of the Interior’’ in the re-15 port accompanying this Act. 16 (e) The Bureau of Reclamation shall submit reports 17 on a quarterly basis to the Committees on Appropriations 18 of both Houses of Congress detailing all the funds repro-19 grammed between programs, projects, activities, or cat-20 egories of funding. The first quarterly report shall be sub-21 mitted not later than 60 days after the date of enactment 22 of this Act. 23 S EC. 202. (a) None of the funds appropriated or oth-24 erwise made available by this Act may be used to deter-25 25 •HR 4394 EH mine the final point of discharge for the interceptor drain 1 for the San Luis Unit until development by the Secretary 2 of the Interior and the State of California of a plan, which 3 shall conform to the water quality standards of the State 4 of California as approved by the Administrator of the En-5 vironmental Protection Agency, to minimize any detri-6 mental effect of the San Luis drainage waters. 7 (b) The costs of the Kesterson Reservoir Cleanup 8 Program and the costs of the San Joaquin Valley Drain-9 age Program shall be classified by the Secretary of the 10 Interior as reimbursable or nonreimbursable and collected 11 until fully repaid pursuant to the ‘‘Cleanup Program— 12 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-13 native Repayment Plan’’ described in the report entitled 14 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-15 gram and San Joaquin Valley Drainage Program, Feb-16 ruary 1995’’, prepared by the Department of the Interior, 17 Bureau of Reclamation. Any future obligations of funds 18 by the United States relating to, or providing for, drainage 19 service or drainage studies for the San Luis Unit shall 20 be fully reimbursable by San Luis Unit beneficiaries of 21 such service or studies pursuant to Federal reclamation 22 law. 23 26 •HR 4394 EH TITLE III 1 DEPARTMENT OF ENERGY 2 ENERGY PROGRAMS 3 E NERGYEFFICIENCY ANDRENEWABLEENERGY 4 For Department of Energy expenses including the 5 purchase, construction, and acquisition of plant and cap-6 ital equipment, and other expenses necessary for energy 7 efficiency and renewable energy activities in carrying out 8 the purposes of the Department of Energy Organization 9 Act (42 U.S.C. 7101 et seq.), including the acquisition or 10 condemnation of any real property or any facility or for 11 plant or facility acquisition, construction, or expansion, 12 $2,994,000,000 (reduced by $1,000,000,000), to remain 13 available until expended: Provided, That of such amount, 14 $223,000,000 shall be available until September 30, 2025, 15 for program direction. 16 C YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 17 R ESPONSE 18 For Department of Energy expenses including the 19 purchase, construction, and acquisition of plant and cap-20 ital equipment, and other expenses necessary for energy 21 sector cybersecurity, energy security, and emergency re-22 sponse activities in carrying out the purposes of the De-23 partment of Energy Organization Act (42 U.S.C. 7101 et 24 seq.), including the acquisition or condemnation of any 25 27 •HR 4394 EH real property or any facility or for plant or facility acquisi-1 tion, construction, or expansion, $200,000,000 (increased 2 by $5,000,000) (reduced by $5,000,000) (reduced by 3 $7,000,000) (increased by $7,000,000), to remain avail-4 able until expended: Provided, That of such amount, 5 $25,143,000 shall be available until September 30, 2025, 6 for program direction. 7 E LECTRICITY 8 For Department of Energy expenses including the 9 purchase, construction, and acquisition of plant and cap-10 ital equipment, and other expenses necessary for elec-11 tricity activities in carrying out the purposes of the De-12 partment of Energy Organization Act (42 U.S.C. 7101 et 13 seq.), including the acquisition or condemnation of any 14 real property or any facility or for plant or facility acquisi-15 tion, construction, or expansion, $315,600,000, to remain 16 available until expended: Provided, That of such amount, 17 $23,000,000 shall be available until September 30, 2025, 18 for program direction. 19 N UCLEARENERGY 20 For Department of Energy expenses including the 21 purchase, construction, and acquisition of plant and cap-22 ital equipment, and other expenses necessary for nuclear 23 energy activities in carrying out the purposes of the De-24 partment of Energy Organization Act (42 U.S.C. 7101 et 25 28 •HR 4394 EH seq.), including the acquisition or condemnation of any 1 real property or any facility or for plant or facility acquisi-2 tion, construction, or expansion, $1,783,000,000, to re-3 main available until expended. Provided, That of such 4 amount, $85,500,000 shall be available until September 5 30, 2025, for program direction: Provided further, That 6 for the purpose of section 954(a)(6) of the Energy Policy 7 Act of 2005, as amended, the only amount available shall 8 be from the amount specified as including that purpose 9 in the ‘‘House Recommended’’ column in the ‘‘Department 10 of Energy’’ table included under the heading ‘‘Title III— 11 Department of Energy’’ in the report accompanying this 12 Act. 13 F OSSILENERGY ANDCARBONMANAGEMENT 14 For Department of Energy expenses necessary in car-15 rying out fossil energy and carbon management research 16 and development activities, under the authority of the De-17 partment of Energy Organization Act (42 U.S.C. 7101 et 18 seq.), including the acquisition of interest, including defea-19 sible and equitable interests in any real property or any 20 facility or for plant or facility acquisition or expansion, 21 and for conducting inquiries, technological investigations 22 and research concerning the extraction, processing, use, 23 and disposal of mineral substances without objectionable 24 social and environmental costs (30 U.S.C. 3, 1602, and 25 29 •HR 4394 EH 1603), $857,904,000, to remain available until expended: 1 Provided, That of such amount $70,000,000 shall be avail-2 able until September 30, 2025, for program direction. 3 N AVALPETROLEUM AND OILSHALERESERVES 4 For Department of Energy expenses necessary to 5 carry out naval petroleum and oil shale reserve activities, 6 $13,010,000, to remain available until expended: Pro-7 vided, That notwithstanding any other provision of law, 8 unobligated funds remaining from prior years shall be 9 available for all naval petroleum and oil shale reserve ac-10 tivities. 11 S TRATEGICPETROLEUMRESERVE 12 For Department of Energy expenses necessary for 13 Strategic Petroleum Reserve facility development and op-14 erations and program management activities pursuant to 15 the Energy Policy and Conservation Act (42 U.S.C. 6201 16 et seq.), $280,969,000, to remain available until expended. 17 N ORTHEASTHOMEHEATINGOILRESERVE 18 For Department of Energy expenses necessary for 19 Northeast Home Heating Oil Reserve storage, operation, 20 and management activities pursuant to the Energy Policy 21 and Conservation Act (42 U.S.C. 6201 et seq.), 22 $7,150,000, to remain available until expended. 23 30 •HR 4394 EH ENERGYINFORMATIONADMINISTRATION 1 For Department of Energy expenses necessary in car-2 rying out the activities of the Energy Information Admin-3 istration, $135,000,000, to remain available until ex-4 pended. 5 N ON-DEFENSEENVIRONMENTAL CLEANUP 6 For Department of Energy expenses, including the 7 purchase, construction, and acquisition of plant and cap-8 ital equipment and other expenses necessary for non-de-9 fense environmental cleanup activities in carrying out the 10 purposes of the Department of Energy Organization Act 11 (42 U.S.C. 7101 et seq.), including the acquisition or con-12 demnation of any real property or any facility or for plant 13 or facility acquisition, construction, or expansion, 14 $341,700,000, to remain available until expended: Pro-15 vided, That in addition, fees collected pursuant to sub-16 section (b)(1) of section 6939f of title 42, United States 17 Code, and deposited under this heading in fiscal year 2024 18 pursuant to section 309 of title III of division C of Public 19 Law 116–94 are appropriated, to remain available until 20 expended, for mercury storage costs. 21 U RANIUMENRICHMENTDECONTAMINATION AND 22 D ECOMMISSIONINGFUND 23 For Department of Energy expenses necessary in car-24 rying out uranium enrichment facility decontamination 25 31 •HR 4394 EH and decommissioning, remedial actions, and other activi-1 ties of title II of the Atomic Energy Act of 1954, and 2 title X, subtitle A, of the Energy Policy Act of 1992, 3 $865,208,000, to be derived from the Uranium Enrich-4 ment Decontamination and Decommissioning Fund, to re-5 main available until expended, of which $10,000,000 shall 6 be available in accordance with title X, subtitle A, of the 7 Energy Policy Act of 1992. 8 S CIENCE 9 For Department of Energy expenses including the 10 purchase, construction, and acquisition of plant and cap-11 ital equipment, and other expenses necessary for science 12 activities in carrying out the purposes of the Department 13 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-14 cluding the acquisition or condemnation of any real prop-15 erty or any facility or for plant or facility acquisition, con-16 struction, or expansion, and purchase of not more than 17 35 passenger motor vehicles, $8,100,000,000, to remain 18 available until expended: Provided, That of such amount, 19 $211,211,000 shall be available until September 30, 2025, 20 for program direction. 21 N UCLEARWASTEDISPOSAL 22 For Department of Energy expenses necessary for 23 nuclear waste disposal activities to carry out the purposes 24 of the Nuclear Waste Policy Act of 1982, Public Law 97– 25 32 •HR 4394 EH 425, as amended, $12,040,000, to remain available until 1 expended, which shall be derived from the Nuclear Waste 2 Fund. 3 T ECHNOLOGYTRANSITIONS 4 For Department of Energy expenses necessary for 5 carrying out the activities of technology transitions, 6 $22,098,000, to remain available until expended: Pro-7 vided, That of such amount, $13,183,000 shall be avail-8 able until September 30, 2025, for program direction. 9 C LEANENERGYDEMONSTRATIONS 10 For Department of Energy expenses necessary to 11 carry out program direction of the Office of Clean Energy 12 Demonstrations, $35,000,000, to remain available until 13 September 30, 2025. 14 A DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 15 For Department of Energy expenses necessary in car-16 rying out the activities authorized by section 5012 of the 17 America COMPETES Act (Public Law 110–69), 18 $470,000,000, to remain available until expended: Pro-19 vided, That of such amount, $37,000,000 shall be avail-20 able until September 30, 2025, for program direction. 21 T ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 22 P ROGRAM 23 Such sums as are derived from amounts received 24 from borrowers pursuant to section 1702(b) of the Energy 25 33 •HR 4394 EH Policy Act of 2005 under this heading in prior Acts, shall 1 be collected in accordance with section 502(7) of the Con-2 gressional Budget Act of 1974: Provided, That for nec-3 essary administrative expenses of the Title 17 Innovative 4 Technology Loan Guarantee Program, as authorized, 5 $70,000,000 (reduced by $3,000,000) (increased by 6 $3,000,000) is appropriated, to remain available until 7 September 30, 2025: Provided further, That up to 8 $70,000,000 of fees collected in fiscal year 2024 pursuant 9 to section 1702(h) of the Energy Policy Act of 2005 shall 10 be credited as offsetting collections under this heading and 11 used for necessary administrative expenses in this appro-12 priation and shall remain available until September 30, 13 2025: Provided further, That to the extent that fees col-14 lected in fiscal year 2024 exceed $70,000,000, those ex-15 cess amounts shall be credited as offsetting collections 16 under this heading and available in future fiscal years only 17 to the extent provided in advance in appropriations Acts: 18 Provided further, That the sum herein appropriated from 19 the general fund shall be reduced (1) as such fees are re-20 ceived during fiscal year 2024 (estimated at $70,000,000) 21 and (2) to the extent that any remaining general fund ap-22 propriations can be derived from fees collected in previous 23 fiscal years that are not otherwise appropriated, so as to 24 result in a final fiscal year 2024 appropriation from the 25 34 •HR 4394 EH general fund estimated at $0: Provided further, That the 1 Department of Energy shall not subordinate any loan obli-2 gation to other financing in violation of section 1702 of 3 the Energy Policy Act of 2005 or subordinate any Guaran-4 teed Obligation to any loan or other debt obligations in 5 violation of section 609.10 of title 10, Code of Federal 6 Regulations. 7 A DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 8 L OANPROGRAM 9 For Department of Energy administrative expenses 10 necessary in carrying out the Advanced Technology Vehi-11 cles Manufacturing Loan Program, $13,000,000, to re-12 main available until September 30, 2025. 13 T RIBALENERGYLOANGUARANTEEPROGRAM 14 For Department of Energy administrative expenses 15 necessary in carrying out the Tribal Energy Loan Guar-16 antee Program, $6,300,000, to remain available until Sep-17 tember 30, 2025. 18 I NDIANENERGYPOLICY ANDPROGRAMS 19 For necessary expenses for Indian Energy activities 20 in carrying out the purposes of the Department of Energy 21 Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 22 to remain available until expended: Provided, That of the 23 amount appropriated under this heading, $14,000,000 24 35 •HR 4394 EH shall be available until September 30, 2025, for program 1 direction. 2 D EPARTMENTAL ADMINISTRATION 3 For salaries and expenses of the Department of En-4 ergy necessary for departmental administration in car-5 rying out the purposes of the Department of Energy Orga-6 nization Act (42 U.S.C. 7101 et seq.), $383,578,000 (re-7 duced by $2,000,000) (reduced by $4,000,000) (reduced 8 by $500,000) (reduced by $1,000,000), to remain avail-9 able until September 30, 2025, including the hire of pas-10 senger motor vehicles and official reception and represen-11 tation expenses not to exceed $30,000, plus such addi-12 tional amounts as necessary to cover increases in the esti-13 mated amount of cost of work for others notwithstanding 14 the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 15 et seq.): Provided, That such increases in cost of work are 16 offset by revenue increases of the same or greater amount: 17 Provided further, That moneys received by the Department 18 for miscellaneous revenues estimated to total 19 $100,578,000 in fiscal year 2024 may be retained and 20 used for operating expenses within this account, as au-21 thorized by section 201 of Public Law 95–238, notwith-22 standing the provisions of 31 U.S.C. 3302: Provided fur-23 ther, That the sum herein appropriated shall be reduced 24 as collections are received during the fiscal year so as to 25 36 •HR 4394 EH result in a final fiscal year 2024 appropriation from the 1 general fund estimated at not more than $283,000,000. 2 O FFICE OF THEINSPECTORGENERAL 3 For expenses necessary for the Office of the Inspector 4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $92,000,000, to remain available 6 until September 30, 2025. 7 ATOMIC ENERGY DEFENSE ACTIVITIES 8 NATIONAL NUCLEAR SECURITY 9 ADMINISTRATION 10 W EAPONSACTIVITIES 11 For Department of Energy expenses, including the 12 purchase, construction, and acquisition of plant and cap-13 ital equipment and other incidental expenses necessary for 14 atomic energy defense weapons activities in carrying out 15 the purposes of the Department of Energy Organization 16 Act (42 U.S.C. 7101 et seq.), including the acquisition or 17 condemnation of any real property or any facility or for 18 plant or facility acquisition, construction, or expansion, 19 $19,114,167,000 (increased by $3,000,000), to remain 20 available until expended: Provided, That of such amount, 21 $118,056,000 shall be available until September 30, 2025, 22 for program direction. 23 37 •HR 4394 EH DEFENSENUCLEARNONPROLIFERATION 1 For Department of Energy expenses, including the 2 purchase, construction, and acquisition of plant and cap-3 ital equipment and other incidental expenses necessary for 4 defense nuclear nonproliferation activities, in carrying out 5 the purposes of the Department of Energy Organization 6 Act (42 U.S.C. 7101 et seq.), including the acquisition or 7 condemnation of any real property or any facility or for 8 plant or facility acquisition, construction, or expansion, 9 $2,380,037,000, to remain available until expended. 10 N AVALREACTORS 11 (INCLUDING TRANSFER OF FUNDS) 12 For Department of Energy expenses necessary for 13 naval reactors activities to carry out the Department of 14 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-15 ing the acquisition (by purchase, condemnation, construc-16 tion, or otherwise) of real property, plant, and capital 17 equipment, facilities, and facility expansion, 18 $1,946,049,000, to remain available until expended, of 19 which $99,747,000 shall be transferred to ‘‘Department 20 of Energy—Energy Programs—Nuclear Energy’’, for the 21 Advanced Test Reactor: Provided, That of such amount, 22 $61,540,000 shall be available until September 30, 2025, 23 for program direction. 24 38 •HR 4394 EH FEDERALSALARIES ANDEXPENSES 1 For expenses necessary for Federal Salaries and Ex-2 penses in the National Nuclear Security Administration, 3 $518,994,000 (reduced by $3,000,000), to remain avail-4 able until September 30, 2025, including official reception 5 and representation expenses not to exceed $17,000. 6 ENVIRONMENTAL AND OTHER DEFENSE 7 ACTIVITIES 8 D EFENSEENVIRONMENTAL CLEANUP 9 For Department of Energy expenses, including the 10 purchase, construction, and acquisition of plant and cap-11 ital equipment and other expenses necessary for atomic 12 energy defense environmental cleanup activities in car-13 rying out the purposes of the Department of Energy Orga-14 nization Act (42 U.S.C. 7101 et seq.), including the acqui-15 sition or condemnation of any real property or any facility 16 or for plant or facility acquisition, construction, or expan-17 sion, $7,073,556,000, to remain available until expended: 18 Provided, That of such amount, $326,893,000 shall be 19 available until September 30, 2025, for program direction. 20 O THERDEFENSEACTIVITIES 21 For Department of Energy expenses, including the 22 purchase, construction, and acquisition of plant and cap-23 ital equipment and other expenses, necessary for atomic 24 energy defense, other defense activities, and classified ac-25 39 •HR 4394 EH tivities, in carrying out the purposes of the Department 1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-2 cluding the acquisition or condemnation of any real prop-3 erty or any facility or for plant or facility acquisition, con-4 struction, or expansion, $1,075,197,000, to remain avail-5 able until expended: Provided, That of such amount, 6 $381,460,000 shall be available until September 30, 2025, 7 for program direction. 8 POWER MARKETING ADMINISTRATIONS 9 B ONNEVILLEPOWERADMINISTRATIONFUND 10 Expenditures from the Bonneville Power Administra-11 tion Fund, established pursuant to Public Law 93–454, 12 are approved for official reception and representation ex-13 penses in an amount not to exceed $5,000: Provided, That 14 during fiscal year 2024, no new direct loan obligations 15 may be made. 16 O PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 17 A DMINISTRATION 18 For expenses necessary for operation and mainte-19 nance of power transmission facilities and for marketing 20 electric power and energy, including transmission wheeling 21 and ancillary services, pursuant to section 5 of the Flood 22 Control Act of 1944 (16 U.S.C. 825s), as applied to the 23 southeastern power area, $8,449,000, including official re-24 ception and representation expenses in an amount not to 25 40 •HR 4394 EH exceed $1,500, to remain available until expended: Pro-1 vided, That notwithstanding 31 U.S.C. 3302 and section 2 5 of the Flood Control Act of 1944, up to $8,449,000 col-3 lected by the Southeastern Power Administration from the 4 sale of power and related services shall be credited to this 5 account as discretionary offsetting collections, to remain 6 available until expended for the sole purpose of funding 7 the annual expenses of the Southeastern Power Adminis-8 tration: Provided further, That the sum herein appro-9 priated for annual expenses shall be reduced as collections 10 are received during the fiscal year so as to result in a final 11 fiscal year 2024 appropriation estimated at not more than 12 $0: Provided further, That notwithstanding 31 U.S.C. 13 3302, up to $71,850,000 collected by the Southeastern 14 Power Administration pursuant to the Flood Control Act 15 of 1944 to recover purchase power and wheeling expenses 16 shall be credited to this account as offsetting collections, 17 to remain available until expended for the sole purpose 18 of making purchase power and wheeling expenditures: 19 Provided further, That for purposes of this appropriation, 20 annual expenses means expenditures that are generally re-21 covered in the same year that they are incurred (excluding 22 purchase power and wheeling expenses). 23 41 •HR 4394 EH 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 42 •HR 4394 EH 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 43 •HR 4394 EH 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 44 •HR 4394 EH 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 45 •HR 4394 EH 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 46 •HR 4394 EH 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 47 •HR 4394 EH 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 48 •HR 4394 EH 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 49 •HR 4394 EH (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 50 •HR 4394 EH 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 51 •HR 4394 EH 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 52 •HR 4394 EH 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 53 •HR 4394 EH 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 54 •HR 4394 EH ‘‘(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 55 •HR 4394 EH (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 56 •HR 4394 EH 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 57 •HR 4394 EH 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 58 •HR 4394 EH 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 59 •HR 4394 EH 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 60 •HR 4394 EH 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 61 •HR 4394 EH 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 62 •HR 4394 EH 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 (reduced by $1,000,000) (increased by 6 $1,000,000), including official representation expenses not 7 to exceed $30,000, to remain available until expended: 8 Provided, That of the amount appropriated herein, not 9 more than $10,350,720 may be made available for sala-10 ries, travel, and other support costs for the Office of the 11 Commission, to remain available until September 30, 12 2025: Provided further, That revenues from licensing fees, 13 inspection services, and other services and collections esti-14 mated at $807,727,130 in fiscal year 2024 shall be re-15 tained and used for necessary salaries and expenses in this 16 account, notwithstanding 31 U.S.C. 3302, and shall re-17 main available until expended: Provided further, That the 18 sum herein appropriated shall be reduced by the amount 19 of revenues received during fiscal year 2024 so as to result 20 in a final fiscal year 2024 appropriation estimated at not 21 more than $152,833,320. 22 OFFICE OF INSPECTOR GENERAL 23 For expenses necessary for the Office of Inspector 24 General in carrying out the provisions of the Inspector 25 63 •HR 4394 EH General Act of 1978, $18,648,340, to remain available 1 until September 30, 2025: Provided, That revenues from 2 licensing fees, inspection services, and other services and 3 collections estimated at $15,481,566 in fiscal year 2024 4 shall be retained and be available until September 30, 5 2025, for necessary salaries and expenses in this account, 6 notwithstanding section 3302 of title 31, United States 7 Code: Provided further, That the sum herein appropriated 8 shall be reduced by the amount of revenues received dur-9 ing fiscal year 2024 so as to result in a final fiscal year 10 2024 appropriation estimated at not more than 11 $3,166,774: Provided further, That of the amounts appro-12 priated under this heading, $1,534,900 shall be for In-13 spector General services for the Defense Nuclear Facilities 14 Safety Board. 15 N UCLEARWASTETECHNICALREVIEWBOARD 16 SALARIES AND EXPENSES 17 For expenses necessary for the Nuclear Waste Tech-18 nical Review Board, as authorized by Public Law 100– 19 203, section 5051, $4,064,000, to be derived from the Nu-20 clear Waste Fund, to remain available until September 30, 21 2025. 22 64 •HR 4394 EH GENERAL PROVISIONS—INDEPENDENT 1 AGENCIES 2 S EC. 401. The Nuclear Regulatory Commission shall 3 comply with the July 5, 2011, version of Chapter VI of 4 its Internal Commission Procedures when responding to 5 Congressional requests for information, consistent with 6 Department of Justice guidance for all Federal agencies. 7 S EC. 402. (a) The amounts made available by this 8 title for the Nuclear Regulatory Commission may be re-9 programmed for any program, project, or activity, and the 10 Commission shall notify the Committees on Appropria-11 tions of both Houses of Congress at least 30 days prior 12 to the use of any proposed reprogramming that would 13 cause any program funding level to increase or decrease 14 by more than $500,000 or 10 percent, whichever is less, 15 during the time period covered by this Act. 16 (b)(1) The Nuclear Regulatory Commission may 17 waive the notification requirement in subsection (a) if 18 compliance with such requirement would pose a substan-19 tial risk to human health, the environment, welfare, or na-20 tional security. 21 (2) The Nuclear Regulatory Commission shall notify 22 the Committees on Appropriations of both Houses of Con-23 gress of any waiver under paragraph (1) as soon as prac-24 ticable, but not later than 3 days after the date of the 25 65 •HR 4394 EH activity to which a requirement or restriction would other-1 wise have applied. Such notice shall include an explanation 2 of the substantial risk under paragraph (1) that permitted 3 such waiver and shall provide a detailed report to the 4 Committees of such waiver and changes to funding levels 5 to programs, projects, or activities. 6 (c) Except as provided in subsections (a), (b), and 7 (d), the amounts made available by this title for ‘‘Nuclear 8 Regulatory Commission—Salaries and Expenses’’ shall be 9 expended as directed in the report accompanying this Act. 10 (d) None of the funds provided for the Nuclear Regu-11 latory Commission shall be available for obligation or ex-12 penditure through a reprogramming of funds that in-13 creases funds or personnel for any program, project, or 14 activity for which funds are denied or restricted by this 15 Act. 16 (e) The Commission shall provide a monthly report 17 to the Committees on Appropriations of both Houses of 18 Congress, which includes the following for each program, 19 project, or activity, including any prior year appropria-20 tions— 21 (1) total budget authority; 22 (2) total unobligated balances; and 23 (3) total unliquidated obligations. 24 66 •HR 4394 EH TITLE V—WATER FOR CALIFORNIA 1 S EC. 501. DEFINITIONS. 2 In Subtitle A through Subtitle D, the following defini-3 tions apply: 4 (1) C VP.—The term ‘‘CVP’’ means the Central 5 Valley Project. 6 (2) C VP CONTRACTOR.—The term ‘‘CVP con-7 tractor’’ means any public water agency, water user 8 organization, or person that has entered into a con-9 tract with the United States for water service from 10 the CVP, whether in the form of a water service 11 contract, repayment contract, water rights settle-12 ment contract, exchange contract, or refuge con-13 tract. 14 (3) F WS BIOLOGICAL OPINION .—The term 15 ‘‘FWS Biological Opinion’’ means the United States 16 Fish and Wildlife Service ‘‘Biological Opinion for the 17 Reinitiation of Consultation on the Coordinated Op-18 erations of the Central Valley Project and State 19 Water Project’’ (Service File No. 08FBTD00–2019– 20 F–0164) signed on October 21, 2019. 21 (4) N OAA BIOLOGICAL OPINION .—The term 22 ‘‘NOAA Biological Opinion’’ means the National 23 Oceanic and Atmospheric Administration Fisheries 24 ‘‘Biological Opinion on the Long-term Operation of 25 67 •HR 4394 EH the Central Valley Project and the State Water 1 Project’’ (Consultation Tracking Number: WCRO– 2 2016–00069) signed on October 21, 2019. 3 (5) P REFERRED ALTERNATIVE .—The term 4 ‘‘Preferred Alternative’’ means the Alternative 1 5 (Preferred Alternative), as described in the Final 6 Environmental Impact Statement on the Reinitiation 7 of Consultation on the Coordinated Long-Term Op-8 eration of the Central Valley Project and the State 9 Water Project, issued by the Bureau of Reclamation, 10 and dated December 2019. 11 (6) S WP.—The term ‘‘SWP’’ means the Cali-12 fornia State Water Project. 13 (7) S WP CONTRACTOR.—The term ‘‘SWP con-14 tractor’’ means a public agency that has entered into 15 a long-term water supply contract with the Cali-16 fornia Department of Water Resources for water 17 service from the SWP. 18 S EC. 502. TREATMENT OFFUNDS. 19 Amounts repurposed pursuant to this title that were 20 previously designated by the Congress as an emergency 21 requirement pursuant to the Balanced Budget and Emer-22 gency Deficit Control Act of 1985 or a concurrent resolu-23 tion on the budget are designated by the Congress as an 24 emergency requirement pursuant to section 25 68 •HR 4394 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 Subtitle A—CVP and SWP Operations 3 S EC. 511. OPERATION OF THECVP ANDSWP. 4 (a) C ONGRESSIONAL DIRECTIONREGARDINGCVP 5 ANDSWPOPERATIONS.—The CVP and the SWP shall be 6 operated, and reporting shall be done, in accordance with 7 the Preferred Alternative and FWS Biological Opinion 8 and NOAA Biological Opinion. 9 (b) E XCEPTIONS.—Operation of the CVP and SWP 10 shall proceed pursuant to subsection (a) of this section, 11 except: 12 (1) to the extent changes to operations are un-13 dertaken pursuant to one or more agreements, which 14 are voluntarily entered into, approved, and imple-15 mented by CVP contractors, for operations of the 16 CVP, and SWP contractors, for operations of the 17 SWP, with all applicable Federal departments and 18 the State of California, including any agency or 19 board of the State of California; or 20 (2) to the extent changes in operations of the 21 CVP, SWP, or both can be made while improving 22 the supply of water available to CVP contractors, 23 SWP contractors, or both. 24 69 •HR 4394 EH (c) COSTS.—No cost, including water supply, finan-1 cial, mintigation-related, or otherwise, associated with the 2 implementation of any agreement under subsection (b)(1) 3 or the implementation of any reoperation under subsection 4 (b)(2) shall be imposed by any Federal department or 5 agency or the State of California, including any agency 6 or board of the State of California, directly or indirectly 7 on any CVP contractor, SWP contractor, or any other per-8 son or entity, unless such costs are incurred on a voluntary 9 basis. 10 (d) N OREDIRECTEDADVERSEIMPACTS.—The Sec-11 retary of the Interior and Secretary of Commerce shall 12 not carry out any specific action authorized under the ap-13 plicable provisions of this subtitle that would directly or 14 through State agency action indirectly result in the invol-15 untary reduction of water supply to an individual, district, 16 or agency that has in effect a contract for water with the 17 SWP or the CVP, including settlement, exchange, and ref-18 uge contracts, and Friant Division contracts. 19 (e) E NDANGERED SPECIESACT.—Notwithstanding 20 subsection (b), implementation of subsection (a) shall not 21 conflict with the FWS Biological Opinion and the NOAA 22 Biological Opinion. 23 (f) N ATIVESPECIESPROTECTION.—The State of 24 California shall not impose any bag, catch, or size restric-25 70 •HR 4394 EH tion or limit on the take or harvest of striped bass or any 1 species of black bass, including largemouth bass, 2 smallmouth bass, and spotted bass, that occupy the Sac-3 ramento-San Joaquin Rivers Delta or its tributaries. 4 S EC. 512. OPERATIONS ANDREVIEWS. 5 In carrying out section 511(a), the Secretary of the 6 Interior and the Secretary of Commerce shall implement 7 their statutory authorities in a manner that improves 8 water supply reliability and enables the CVP and SWP 9 to provide the maximum quantity of water supplies prac-10 ticable to CVP agricultural, municipal, and industrial con-11 tractors, water service or repayment contractors, water 12 rights settlement contractors, exchange contractors, ref-13 uge contractors, and SWP contractors, in accordance with 14 the Preferred Alternative, NOAA Biological Opinion, and 15 FWS Biological Opinion. 16 S EC. 513. APPLICATION OFSTATELAWS. 17 (a) R EDUCEDWATERSUPPLY.—If, as a result of the 18 application of applicable State law or regulation, the State 19 of California (including any agency or board of the State 20 of California) alters operation of the SWP in a manner 21 that directly or indirectly results in reduced water supply 22 to the SWP as compared with the water supply available 23 under the Preferred Alternative, and as a result, CVP 24 yield is greater than it otherwise would have been under 25 71 •HR 4394 EH the Preferred Alternative, then that additional yield shall 1 be made available to the SWP for delivery to SWP Con-2 tractors to offset that reduced water supply. If it is nec-3 essary to reduce water supplies for any authorized uses 4 of the CVP or CVP Contractors to make available to the 5 SWP that additional yield, such reductions shall be ap-6 plied proportionately to those authorized uses or CVP con-7 tractors that benefit from that increased yield. 8 (b) N ORESTRICTION OF CERTAINWATER 9 R IGHTS.—The State of California (including any agency 10 or board of the State of California) shall not restrict the 11 exercise of any water right obtained pursuant to State law, 12 including but not limited to a pre-1914 appropriative right 13 or riparian right in order to offset any impact resulting 14 from the implementation of this subtitle on any species 15 affected by operations of the CVP or the SWP. 16 (c) N OINVOLUNTARY WATERREDUCTION.—The 17 State of California (including any agency or board of the 18 State of California), the Secretary of the Interior and Sec-19 retary of Commerce shall not take any action related to 20 operation of the CVP or SWP that would directly or indi-21 rectly result in the involuntary reduction of water supply 22 to any CVP agricultural, municipal and industrial con-23 tractor, water service or repayment contractor, water 24 rights settlement contractor, exchange contractor, refuge 25 72 •HR 4394 EH contractor or any SWP contractor, as compared to the 1 water supply available under the Preferred Alternative; 2 and nothing in this section is intended to modify, amend, 3 or affect any of the rights and obligations of the parties 4 to such contracts. 5 S EC. 514. RECONSULTATION OF NOAA BIOLOGICAL 6 OPINION ANDFWS BIOLOGICAL OPINION. 7 (a) R EQUIREMENT FOR RECONSULTATION.— 8 (1) R EQUIREMENT.—Unless action is taken 9 pursuant to section 101(b), neither the Secretary of 10 the Interior, acting through the Commissioner of the 11 Bureau of Reclamation, nor the Secretary of Com-12 merce, or their designees shall commence, complete, 13 or request reinitiation of consultation on the coordi-14 nated long-term operation of the Central Valley 15 Project and the State Water Project that will result 16 in changes to or the replacement of the documents 17 listed in paragraph (2) unless— 18 (A) more than 75 percent of California has 19 experienced 4 consecutive years of D3 or D4 20 level drought, as defined by the U.S. Drought 21 Monitor; 22 (B) the Commissioner of the Bureau of 23 Reclamation identifies one specific factor or 24 73 •HR 4394 EH combination of factors under section 402.16 of 1 title 50, Code of Federal Regulations; and 2 (C) not fewer than 120 days before offi-3 cially commencing or requesting reinitiation, the 4 Secretary of the Interior notifies the Committee 5 on Natural Resources of the House of Rep-6 resentatives, and the Committee on Energy and 7 Natural Resources of the Senate, in writing, 8 of— 9 (i) the intent to commence or request 10 reinitiation under this section; and 11 (ii) the detailed justification for the 12 identification of the specific factor or com-13 bination of factors under section 402.16 of 14 title 50, Code of Federal Regulations, that 15 was identified to satisfy the requirement in 16 subparagraph (B). 17 (2) D OCUMENTS.—The documents referred to 18 in paragraph (1) are the following: 19 (A) The FWS Biological Opinion. 20 (B) The NOAA Biological Opinion. 21 (C) The Record of Decision for the Reiniti-22 ation of Consultation on the Coordinated Long- 23 Term Modified Operations of the Central Valley 24 74 •HR 4394 EH Project and State Water Project, signed on 1 February 18, 2020. 2 (b) A PPLICABLEPROCEDURES AND REVIEW.—For 3 the purposes of this Act, before reinitiating consultation 4 on the Long-Term Operation of the CVP and SWP, a re-5 quest by the Secretary of the Interior, the Secretary of 6 the Commerce, or any other Federal employee, to reini-7 tiate consultation shall be made in writing and considered 8 a rule under section 551 of title 5, United States Code, 9 and subject to the requirements of sections 801 through 10 808 of that title. 11 (c) C OOPERATION.—In implementing this section, the 12 Secretary of the Interior and the Secretary of Commerce 13 shall comply with requirements included in section 4004 14 of the Water Infrastructure Improvements for the Nation 15 Act (Public Law 114–322). 16 (d) E XCLUSION.—Notwithstanding subsection (b), in 17 implementing this section, section 801(b)(2) of title 5, 18 United States Code, shall not apply. 19 S EC. 515. SUNSET. 20 Sections 511 through 514 shall have no force or ef-21 fect on and after the date that is 7 years after the date 22 of the enactment of this Act. 23 S EC. 516. CONSULTATION ON COORDINATED OPER -24 ATIONS. 25 75 •HR 4394 EH The Water Infrastructure Improvements for the Na-1 tion Act (Public Law 114–322) is amended— 2 (1) in section 4004(a)— 3 (A) in the matter preceding paragraph (1), 4 strike ‘‘public water agency that contracts’’ and 5 insert ‘‘contractor’’; 6 (B) in paragraph (1), by inserting ‘‘or pro-7 posed action’’ after ‘‘biological assessment,’’; 8 (C) in paragraph (2), by inserting ‘‘or pro-9 posed action’’ after ‘‘biological assessment,’’; 10 (D) by redesignating paragraphs (3) 11 through (6) as paragraphs (4) through (7), re-12 spectively; 13 (E) after paragraph (2), by inserting the 14 following new paragraph: 15 ‘‘(3) receive a copy of the draft proposed action 16 and have the opportunity to review that document 17 and provide comment to the action agency, which 18 comments shall be afforded due consideration during 19 development;’’; and 20 (F) in paragraph (7), as redesignated by 21 subparagraph (C) of this paragraph— 22 (i) in the matter preceding subpara-23 graph (A), by inserting ‘‘action agency pro-24 76 •HR 4394 EH poses a proposed action or’’ before ‘‘the 1 consulting agency’’; 2 (ii) in subparagraph (A), by inserting 3 ‘‘proposed action or’’ before ‘‘alternative 4 will’’; and 5 (iii) in subparagraph (B), by striking 6 ‘‘alternative actions’’ and insert ‘‘actions 7 or alternatives’’; and 8 (2) in section 4013, by deleting ‘‘section 4004, 9 which shall expire 10 years after the date of its en-10 actment;’’ and inserting ‘‘section 4004, which shall 11 expire on December 16, 2033;’’. 12 Subtitle B—Allocations for Sacramento Valley 13 Contractors 14 S EC. 521. DEFINITIONS. 15 In this subtitle, the following definitions apply: 16 (1) The term ‘‘existing CVP agricultural water 17 service or repayment contractor within the Sac-18 ramento River Watershed’’ means any water service 19 or repayment contractor within the Shasta, Trinity, 20 or Sacramento River division of the CVP that has 21 in effect a water service or repayment contract on 22 the date of enactment of this title that provides 23 water for irrigation. 24 77 •HR 4394 EH (2) The terms ‘‘Above Normal’’, ‘‘Below Nor-1 mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 2 have the meanings given those terms in the Sac-3 ramento Valley Water Year Type (40–30–30) Index. 4 S EC. 522. ALLOCATIONS OF WATER . 5 Subject to section 523, the Secretary of the Interior 6 shall make every reasonable effort in the operation of the 7 CVP to allocate water provided for irrigation purposes to 8 each existing CVP agricultural water service contractor 9 within the Sacramento River Watershed in accordance 10 with the following: 11 (1) Not less than 100 percent of the contract 12 quantity of the existing CVP agricultural water serv-13 ice contractor within the Sacramento River Water-14 shed in a Wet year. 15 (2) Not less than 100 percent of the contract 16 quantity of the existing CVP agricultural water serv-17 ice contractor within the Sacramento River Water-18 shed in an Above Normal year. 19 (3) Not less than 100 percent of the contract 20 quantity of the existing CVP agricultural water serv-21 ice contractor within the Sacramento River Water-22 shed in a Below Normal year that is preceded by an 23 Above Normal or Wet year. 24 78 •HR 4394 EH (4) Not less than 50 percent of the contract 1 quantity of the existing CVP agricultural water serv-2 ice contractor within the Sacramento River Water-3 shed in a Dry year that is preceded by a Below Nor-4 mal, Above Normal, or Wet year. 5 (5) In any other year not identified in para-6 graphs (1) through (4), not less than twice the allo-7 cation percentage to south-of-Delta CVP agricultural 8 water service contractors, up to 100 percent. 9 S EC. 523. PROTECTION OF REFUGE , MUNICIPAL AND 10 INDUSTRIAL, AND OTHER CONTRACTORS . 11 Nothing in section 522 shall— 12 (1) adversely affect any protections for the envi-13 ronment, including the obligation of the Secretary of 14 the Interior to make water available to managed 15 wetlands pursuant to section 3406(d) of the Central 16 Valley Project Improvement Act (title XXXIV of 17 Public Law 102–575; 106 Stat. 4722); 18 (2) adversely affect any obligation of the Sec-19 retary of the Interior or the Secretary of Commerce 20 under the FWS Biological Opinion or the NOAA Bi-21 ological Opinion; 22 (3) modify any provision of a water service con-23 tract that addresses municipal or industrial water 24 shortage policies of the Secretary of the Interior; 25 79 •HR 4394 EH (4) affect or limit the authority of the Secretary 1 of the Interior to adopt or modify municipal and in-2 dustrial water shortage policies; 3 (5) constrain, govern, or affect, directly or indi-4 rectly, the operations of the American River division 5 of the CVP or any deliveries from that division or 6 a unit or facility of that division; or 7 (6) affect any allocation to a CVP municipal or 8 industrial water service contractor by increasing or 9 decreasing allocations to the contractor, as compared 10 to the allocation the contractor would have received 11 absent section 522. 12 S EC. 524. OTHER CONTRACTORS . 13 Nothing in section 522 shall— 14 (1) affect the priority of any individual or entity 15 with a Sacramento River settlement contract over 16 water service or repayment contractors; 17 (2) affect the United States ability to deliver 18 water to the San Joaquin River exchange contrac-19 tors from the Sacramento River and the Delta via 20 the Delta-Mendota Canal or modify or amend the 21 rights and obligations under the Purchase Contract 22 between Miller and Lux and the United States and 23 the Second Amended Exchange Contract between 24 the United States, Department of the Interior, Bu-25 80 •HR 4394 EH reau of Reclamation and Central California Irriga-1 tion District, San Luis Canal Company, Firebaugh 2 Canal Water District and Columbia Canal Company; 3 (3) affect the allocation of water to Friant divi-4 sion contractors of the CVP; 5 (4) result in the involuntary reduction in con-6 tract water allocations to individuals or entities with 7 contracts to receive water from the Friant division; 8 (5) result in the involuntary reduction in water 9 allocations to refuge contractors; or 10 (6) authorize any actions inconsistent with 11 State water rights law. 12 Subtitle C—Infrastructure 13 S EC. 531. SHASTA RESERVOIR ENLARGEMENT 14 PROJECT. 15 Section 40902(a)(2) of the Infrastructure Investment 16 and Jobs Act (Public Law 117–58) is amended— 17 (1) in subparagraph (B)— 18 (A) in the matter preceding clause (i), by 19 striking ‘‘this Act, except for any project for 20 which—’’ and inserting ‘‘this Act; or’’; and 21 (B) by striking clauses (i) and (ii); and 22 (2) in subparagraph (C), by striking ‘‘(except 23 that projects described in clauses (i) and (ii) of sub-24 paragraph (B) shall not be eligible)’’. 25 81 •HR 4394 EH SEC. 532. WATER SUPPLY PLAN; PROJECTS. 1 (a) P LAN.—Not later than 180 days after the date 2 of the enactment of this Act, the Commissioner of the Bu-3 reau of Reclamation shall develop a water deficit report, 4 which shall identify— 5 (1) projected water supply shortages in the 6 State of California for irrigation water service, mu-7 nicipal and industrial water service, water supply for 8 wildlife refuges supplied by the CVP or the SWP; 9 and 10 (2) infrastructure projects or actions which, if 11 taken, would— 12 (A) significantly reduce or eliminate the 13 projected water supply shortage; or 14 (B) fulfill water allocations consistent with 15 agricultural, municipal and industrial contrac-16 tors, water service or repayment contractors, 17 water rights settlement contractors, exchange 18 contractors, and SWP contractors with water 19 delivery contractors on the CVP and SWP. 20 (b) R EPORT TOCONGRESS.—The Commissioner of 21 the Bureau of Reclamation shall provide a report de-22 scribed in subsection (a) to the House Committee on Ap-23 propriations, the Senate Committee on Appropriations, 24 the House Committee on Natural Resources, the Senate 25 82 •HR 4394 EH Committee on Energy, and the Senate Committee on Nat-1 ural Resources upon its completion. 2 S EC. 533. CONSERVATION FISH HATCHERIES . 3 Section 4010(b)(5) of the Water Infrastructure Im-4 provements for the Nation Act (Public Law 114–322) is 5 amended by adding at the end the following: 6 ‘‘(D) S EMI-ANNUAL REPORT .—The Sec-7 retary of the Interior and the Secretary of 8 Commerce shall submit to the Committee on 9 Natural Resources of the House of Representa-10 tives, and the Committee on Energy and Nat-11 ural Resources of the Senate semi-annual re-12 ports that detail activities carried out under 13 this paragraph.’’. 14 S EC. 534. STORAGE; DURATION. 15 (a) S TORAGE.—Section 4007 of the Water Infra-16 structure Improvements for the Nation Act (Public Law 17 114–322) is amended— 18 (1) in subsection (b)(1), by striking ‘‘or any 19 public agency organized pursuant to State law’’ and 20 inserting ‘‘any public agency organized pursuant to 21 State law, or any stakeholder’’; and 22 (2) in subsection (i), by striking ‘‘January 1, 23 2021’’ and inserting ‘‘January 1, 2028’’. 24 83 •HR 4394 EH (b) DURATION.—Section 4013 of the Water Infra-1 structure Improvements for the Nation Act (Public Law 2 114–322) is amended— 3 (1) in paragraph (1), by striking ‘‘and’’; 4 (2) by redesignating paragraph (2) as para-5 graph (3); and 6 (3) by inserting after paragraph (1) the fol-7 lowing: 8 ‘‘(2) section 4007, which (except as provided in 9 paragraph (3)), shall expire on December 31, 2028; 10 and’’. 11 S EC. 535. SHASTA DAM ENLARGEMENT 12 No provision of State law shall preclude or otherwise 13 prevent any public water agency, including a public agency 14 of the State, that contracts for the delivery of CVP water 15 from assisting or cooperating with, whether by loan, grant, 16 license, or otherwise, the planning and construction of any 17 project undertaken by the Bureau of Reclamation to en-18 large Shasta Dam. 19 Subtitle D—CVPIA Actions 20 S EC. 541. CVPIA RESTORATION ACTIONS. 21 (a) R EFUGEWATERSUPPLYPROGRAM.—Not later 22 than 2 years after the date of enactment of this Act, the 23 Secretary of the Interior shall complete the refuge water 24 supply program under section 3406(d) of the Central Val-25 84 •HR 4394 EH ley Project Improvement Act (title XXXIV of Public Law 1 102–575; 106 Stat. 4722) and shall, within that 2-year 2 period, give priority to completing the refuge water supply 3 program when making funding decisions from the Central 4 Valley Project Restoration Fund established under section 5 3407 of the Central Valley Project Improvement Act (106 6 Stat. 4726), the Infrastructure Investment and Jobs Act 7 (Public Law 117–25), the Land and Water Conservation 8 Fund Act (Public Law 88–578), and other sources of 9 funding. 10 (b) R ESTORATIONACTIONSDEEMEDCOMPLETE.— 11 Upon completion of the refuge water supply program pur-12 suant to subsection (a), or September 30, 2025, whichever 13 occurs first, the Secretary of the Interior shall deem com-14 plete the fish, wildlife, and habitat mitigation and restora-15 tion actions mandated under section 3406 of the Central 16 Valley Project Improvement Act (title XXXIV of Public 17 Law 102–575; 106 Stat. 4714). 18 Subtitle E—Water Supply Permitting Coordination Act 19 S EC. 551. DEFINITIONS. 20 In this subtitle: 21 (1) B UREAU.—The term ‘‘Bureau’’ means the 22 Bureau of Reclamation. 23 (2) C OOPERATING AGENCIES .—The term ‘‘co-24 operating agency’’ means a Federal agency with ju-25 85 •HR 4394 EH risdiction over a review, analysis, opinion, statement, 1 permit, license, or other approval or decision re-2 quired for a qualifying project under applicable Fed-3 eral laws and regulations, or a State agency subject 4 to section 503(c). 5 (3) Q UALIFYING PROJECTS.—The term ‘‘quali-6 fying projects’’ means new surface water storage 7 projects in the States covered under the Act of June 8 17, 1902 (32 Stat. 388, chapter 1093), and Acts 9 supplemental to and amendatory of that Act (43 10 U.S.C. 371 et seq.) constructed on lands adminis-11 tered by the Department of the Interior or the De-12 partment of Agriculture, exclusive of any easement, 13 right-of-way, lease, or any private holding, if the 14 project applicant or sponsor elects to participate in 15 the process authorized by this title. Such term shall 16 also include State-led projects (as defined in section 17 4007(a)(2) of the WIIN Act) for new surface water 18 storage projects in the States covered under the Act 19 of June 17, 1902 (32 Stat. 388, chapter 1093), and 20 Acts supplemental to and amendatory of that Act 21 (43 U.S.C. 371 et seq.) constructed on lands admin-22 istered by the Department of the Interior or the De-23 partment of Agriculture, exclusive of any easement, 24 right-of-way, lease, or any private holding, unless the 25 86 •HR 4394 EH project applicant elects not to participate in the 1 process authorized by this title. 2 (4) S ECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Interior. 4 S EC. 552. ESTABLISHMENT OF LEAD AGENCY AND 5 COOPERATING AGENCIES . 6 (a) E STABLISHMENT OF LEADAGENCY.—The Bu-7 reau is established as the lead agency for purposes of co-8 ordinating all reviews, analyses, opinions, statements, per-9 mits, licenses, or other approvals or decisions required 10 under Federal law to construct qualifying projects. 11 (b) I DENTIFICATION AND ESTABLISHMENT OF CO-12 OPERATINGAGENCIES.—The Commissioner of the Bureau 13 shall— 14 (1) identify, as early as practicable upon receipt 15 of an application for a qualifying project, any Fed-16 eral agency that may have jurisdiction over a review, 17 analysis, opinion, statement, permit, license, ap-18 proval, or decision required for a qualifying project 19 under applicable Federal laws and regulations; and 20 (2) notify any such agency, within a reasonable 21 timeframe, that the agency has been designated as 22 a cooperating agency in regards to the qualifying 23 project unless that agency responds to the Bureau in 24 87 •HR 4394 EH writing, within a timeframe set forth by the Bureau, 1 notifying the Bureau that the agency— 2 (A) has no jurisdiction or authority with 3 respect to the qualifying project; 4 (B) has no expertise or information rel-5 evant to the qualifying project or any review, 6 analysis, opinion, statement, permit, license, or 7 other approval or decision associated therewith; 8 or 9 (C) does not intend to submit comments 10 on the qualifying project or conduct any review 11 of such a project or make any decision with re-12 spect to such project in a manner other than in 13 cooperation with the Bureau. 14 (c) S TATEAUTHORITY.—A State in which a quali-15 fying project is being considered may choose, consistent 16 with State law— 17 (1) to participate as a cooperating agency; and 18 (2) to make subject to the processes of this sub-19 title all State agencies that— 20 (A) have jurisdiction over the qualifying 21 project; 22 (B) are required to conduct or issue a re-23 view, analysis, or opinion for the qualifying 24 project; or 25 88 •HR 4394 EH (C) are required to make a determination 1 on issuing a permit, license, or approval for the 2 qualifying project. 3 S EC. 553. BUREAU RESPONSIBILITIES. 4 (a) I NGENERAL.—The principal responsibilities of 5 the Bureau under this subtitle are— 6 (1) to serve as the point of contact for appli-7 cants, State agencies, Indian Tribes, and others re-8 garding proposed qualifying projects; 9 (2) to coordinate preparation of unified environ-10 mental documentation that will serve as the basis for 11 all Federal decisions necessary to authorize the use 12 of Federal lands for qualifying projects; and 13 (3) to coordinate all Federal agency reviews 14 necessary for project development and construction 15 of qualifying projects. 16 (b) C OORDINATION PROCESS.—The Bureau shall 17 have the following coordination responsibilities: 18 (1) P REAPPLICATION COORDINATION .—Notify 19 cooperating agencies of proposed qualifying projects 20 not later than 30 days after receipt of a proposal 21 and facilitate a preapplication meeting for prospec-22 tive applicants, relevant Federal and State agencies, 23 and Indian Tribes— 24 89 •HR 4394 EH (A) to explain applicable processes, data 1 requirements, and applicant submissions nec-2 essary to complete the required Federal agency 3 reviews within the timeframe established; and 4 (B) to establish the schedule for the quali-5 fying project. 6 (2) C ONSULTATION WITH COOPERATING AGEN -7 CIES.—Consult with the cooperating agencies 8 throughout the Federal agency review process, iden-9 tify and obtain relevant data in a timely manner, 10 and set necessary deadlines for cooperating agencies. 11 (3) S CHEDULE.—Work with the qualifying 12 project applicant and cooperating agencies to estab-13 lish a project schedule. In establishing the schedule, 14 the Bureau shall consider, among other factors— 15 (A) the responsibilities of cooperating 16 agencies under applicable laws and regulations; 17 (B) the resources available to the cooper-18 ating agencies and the non-Federal qualifying 19 project sponsor, as applicable; 20 (C) the overall size and complexity of the 21 qualifying project; 22 (D) the overall schedule for and cost of the 23 qualifying project; and 24 90 •HR 4394 EH (E) the sensitivity of the natural and his-1 toric resources that may be affected by the 2 qualifying project. 3 (4) E NVIRONMENTAL COMPLIANCE .—Prepare a 4 unified environmental review document for each 5 qualifying project application, incorporating a single 6 environmental record on which all cooperating agen-7 cies with authority to issue approvals for a given 8 qualifying project shall base project approval deci-9 sions. Help ensure that cooperating agencies make 10 necessary decisions, within their respective authori-11 ties, regarding Federal approvals in accordance with 12 the following timelines: 13 (A) Not later than 1 year after acceptance 14 of a completed project application when an en-15 vironmental assessment and finding of no sig-16 nificant impact is determined to be the appro-17 priate level of review under the National Envi-18 ronmental Policy Act of 1969 (42 U.S.C. 4321 19 et seq.). 20 (B) Not later than 1 year and 30 days 21 after the close of the public comment period for 22 a draft environmental impact statement under 23 the National Environmental Policy Act of 1969 24 (42 U.S.C. 4321 et seq.), when an environ-25 91 •HR 4394 EH mental impact statement is required under the 1 same. 2 (5) C ONSOLIDATED ADMINISTRATIVE 3 RECORD.—Maintain a consolidated administrative 4 record of the information assembled and used by the 5 cooperating agencies as the basis for agency deci-6 sions. 7 (6) P ROJECT DATA RECORDS .—To the extent 8 practicable and consistent with Federal law, ensure 9 that all project data is submitted and maintained in 10 generally accessible electronic format, compile, and 11 where authorized under existing law, make available 12 such project data to cooperating agencies, the quali-13 fying project applicant, and to the public. 14 (7) P ROJECT MANAGER .—Appoint a project 15 manager for each qualifying project. The project 16 manager shall have authority to oversee the project 17 and to facilitate the issuance of the relevant final 18 authorizing documents, and shall be responsible for 19 ensuring fulfillment of all Bureau responsibilities set 20 forth in this section and all cooperating agency re-21 sponsibilities under section 554. 22 S EC. 554. COOPERATING AGENCY RESPONSIBILITIES . 23 (a) A DHERENCE TOBUREAUSCHEDULE.— 24 92 •HR 4394 EH (1) TIMEFRAMES.—On notification of an appli-1 cation for a qualifying project, the head of each co-2 operating agency shall submit to the Bureau a time-3 frame under which the cooperating agency reason-4 ably will be able to complete the authorizing respon-5 sibilities of the cooperating agency. 6 (2) S CHEDULE.— 7 (A) U SE OF TIMEFRAMES .—The Bureau 8 shall use the timeframes submitted under this 9 subsection to establish the project schedule 10 under section 504. 11 (B) A DHERENCE.—Each cooperating agen-12 cy shall adhere to the project schedule estab-13 lished by the Bureau under subparagraph (A). 14 (b) E NVIRONMENTAL RECORD.—The head of each 15 cooperating agency shall submit to the Bureau all environ-16 mental review material produced or compiled in the course 17 of carrying out activities required under Federal law, con-18 sistent with the project schedule established by the Bureau 19 under subsection (a)(2). 20 (c) D ATASUBMISSION.—To the extent practicable 21 and consistent with Federal law, the head of each cooper-22 ating agency shall submit all relevant project data to the 23 Bureau in a generally accessible electronic format, subject 24 93 •HR 4394 EH to the project schedule established by the Bureau under 1 subsection (a)(2). 2 S EC. 555. FUNDING TO PROCESS PERMITS . 3 (a) I NGENERAL.—The Secretary, after public notice 4 in accordance with subchapter II of chapter 5, and chapter 5 7, of title 5, United States Code (commonly known as the 6 ‘‘Administrative Procedure Act’’), may accept and expend 7 funds, to the extent provided in advance in appropriations 8 Acts, contributed by a non-Federal public entity to expe-9 dite the evaluation of a permit of that entity related to 10 a qualifying project. 11 (b) E FFECT ONPERMITTING.— 12 (1) E VALUATION OF PERMITS .—In carrying out 13 this section, the Secretary shall ensure that the eval-14 uation of permits carried out using funds accepted 15 under this section shall— 16 (A) be reviewed by the Regional Director 17 of the Bureau of the region in which the quali-18 fying project or activity is located (or a des-19 ignee); and 20 (B) use the same procedures for decisions 21 that would otherwise be required for the evalua-22 tion of permits for similar projects or activities 23 not carried out using funds authorized under 24 this section. 25 94 •HR 4394 EH (2) IMPARTIAL DECISION MAKING .—In carrying 1 out this section, the Secretary shall ensure that the 2 use of the funds accepted under this section for a 3 qualifying project shall not— 4 (A) substantively or procedurally impact 5 impartial decision making with respect to the 6 issuance of permits; or 7 (B) diminish, modify, or otherwise affect 8 the statutory or regulatory authorities of the 9 cooperating agency. 10 (c) L IMITATION ONUSE OFFUNDS.—None of the 11 funds accepted under this section shall be used to carry 12 out a review of the evaluation of permits required under 13 subsection (b)(1)(A). 14 (d) P UBLICAVAILABILITY.—The Secretary shall en-15 sure that all final permit decisions carried out using funds 16 authorized under this section are made available to the 17 public, including on the internet. 18 TITLE VI 19 GENERAL PROVISIONS 20 (INCLUDING TRANSFER OF FUNDS) 21 S EC. 601. None of the funds appropriated by this Act 22 may be used in any way, directly or indirectly, to influence 23 congressional action on any legislation or appropriation 24 matters pending before Congress, other than to commu-25 95 •HR 4394 EH nicate to Members of Congress as described in 18 U.S.C. 1 1913. 2 S EC. 602. (a) None of the funds made available in 3 title III of this Act may be transferred to any department, 4 agency, or instrumentality of the United States Govern-5 ment, except pursuant to a transfer made by or transfer 6 authority provided in this Act or any other appropriations 7 Act for any fiscal year, transfer authority referenced in 8 the report accompanying this Act, or any authority where-9 by a department, agency, or instrumentality of the United 10 States Government may provide goods or services to an-11 other department, agency, or instrumentality. 12 (b) None of the funds made available for any depart-13 ment, agency, or instrumentality of the United States 14 Government may be transferred to accounts funded in title 15 III of this Act, except pursuant to a transfer made by or 16 transfer authority provided in this Act or any other appro-17 priations Act for any fiscal year, transfer authority ref-18 erenced in the report accompanying this Act, or any au-19 thority whereby a department, agency, or instrumentality 20 of the United States Government may provide goods or 21 services to another department, agency, or instrumen-22 tality. 23 (c) The head of any relevant department or agency 24 funded in this Act utilizing any transfer authority shall 25 96 •HR 4394 EH submit to the Committees on Appropriations of both 1 Houses of Congress a semiannual report detailing the 2 transfer authorities, except for any authority whereby a 3 department, agency, or instrumentality of the United 4 States Government may provide goods or services to an-5 other department, agency, or instrumentality, used in the 6 previous 6 months and in the year-to-date. This report 7 shall include the amounts transferred and the purposes 8 for which they were transferred, and shall not replace or 9 modify existing notification requirements for each author-10 ity. 11 S EC. 603. (a) None of the funds made available in 12 this Act may be used to maintain or establish a computer 13 network unless such network blocks the viewing, 14 downloading, and exchanging of pornography. 15 (b) Nothing in subsection (a) shall limit the use of 16 funds necessary for any Federal, State, Tribal, or local 17 law enforcement agency or any other entity carrying out 18 criminal investigations, prosecution, or adjudication activi-19 ties. 20 S EC. 604. (a) No federal monies shall be expended 21 in furtherance of any agreement among private entities 22 for consolidated interim storage of spent nuclear fuel that 23 is not specifically authorized under federal law until such 24 97 •HR 4394 EH time that host state and local governments and any af-1 fected Indian tribes have formalized their consent. 2 (b) Provided that the prohibition provided for in this 3 section shall not apply to facilities presently storing com-4 mercial spent nuclear fuel, pursuant to an NRC license, 5 as of the date of enactment of this Act. 6 (c) For purposes of this section, ‘‘spent nuclear fuel’’ 7 shall have the same meaning as provided in section 2 of 8 the Nuclear Waste Policy Act of 1982. 9 S EC. 605. None of the funds made available by this 10 Act may be used to carry out any program, project, or 11 activity that promotes or advances Critical Race Theory 12 or any concept associated with Critical Race Theory. 13 S EC. 606. None of the funds appropriated or other-14 wise made available by this Act may be made available 15 to implement, administer, apply, enforce, or carry out the 16 Equity Action Plan of the Department of Energy, or Exec-17 utive Order 13985 of January 20, 2021 (86 Fed. Reg. 18 7009, relating to advancing racial equity and support for 19 underserved communities through the Federal Govern-20 ment), Executive Order 14035 of June 25, 2021 (86 Fed. 21 Reg. 34593, relating to diversity, equity, inclusion, and 22 accessibility in the Federal workforce), or Executive Order 23 14091 of February 16, 2023 (88 Fed. Reg. 10825, relat-24 98 •HR 4394 EH ing to further advancing racial equity and support for un-1 derserved communities through the Federal Government). 2 S EC. 607. (a) In general.—Notwithstanding section 3 7 of title 1, United States Code, section 1738C of title 4 28, United States Code, or any other provision of law, 5 none of the funds provided by this Act, or previous appro-6 priations Acts, shall be used in whole or in part to take 7 any discriminatory action against a person, wholly or par-8 tially, on the basis that such person speaks, or acts, in 9 accordance with a sincerely held religious belief, or moral 10 conviction, that marriage is, or should be recognized as, 11 a union of one man and one woman. 12 (b) Discriminatory action defined.—As used in sub-13 section (a), a discriminatory action means any action 14 taken by the Federal Government to— 15 (1) alter in any way the Federal tax treatment 16 of, or cause any tax, penalty, or payment to be as-17 sessed against, or deny, delay, or revoke an exemp-18 tion from taxation under section 501(a) of the Inter-19 nal Revenue Code of 1986 of, any person referred to 20 in subsection (a); 21 (2) disallow a deduction for Federal tax pur-22 poses of any charitable contribution made to or by 23 such person; 24 99 •HR 4394 EH (3) withhold, reduce the amount or funding for, 1 exclude, terminate, or otherwise make unavailable or 2 deny, any Federal grant, contract, subcontract, co-3 operative agreement, guarantee, loan, scholarship, li-4 cense, certification, accreditation, employment, or 5 other similar position or status from or to such per-6 son; 7 (4) withhold, reduce, exclude, terminate, or oth-8 erwise make unavailable or deny, any entitlement or 9 benefit under a Federal benefit program, including 10 admission to, equal treatment in, or eligibility for a 11 degree from an educational program, from or to 12 such person; or 13 (5) withhold, reduce, exclude, terminate, or oth-14 erwise make unavailable or deny access or an entitle-15 ment to Federal property, facilities, educational in-16 stitutions, speech fora (including traditional, limited, 17 and nonpublic fora), or charitable fundraising cam-18 paigns from or to such person. 19 (c) Accreditation; Licensure; Certification.—The 20 Federal Government shall consider accredited, licensed, or 21 certified for purposes of Federal law any person that 22 would be accredited, licensed, or certified, respectively, for 23 such purposes but for a determination against such person 24 wholly or partially on the basis that the person speaks, 25 100 •HR 4394 EH or acts, in accordance with a sincerely held religious belief 1 or moral conviction described in subsection (a). 2 S EC. 608. None of the funds made available by this 3 Act may be used to finalize, implement, administer, apply, 4 or enforce the proposed rule entitled ‘‘Energy Conserva-5 tion Program: Energy Conservation Standards for Resi-6 dential Clothes Washers’’ published by the Department of 7 Energy in the Federal Register on March 3, 2023 (88 8 Fed. Reg. 13520), or any substantively similar rule. 9 S EC. 609. None of the funds made available by this 10 Act may be used to implement, administer, apply, enforce, 11 or carry out any diversity, equity, and inclusion office, pro-12 gram, or training. 13 S EC. 610. None of the funds made available by this 14 Act may be used to implement or enforce section 370 of 15 Public Law 116–283 with respect to civil works projects. 16 S EC. 611. None of the funds made available by this 17 Act may be used by the Department of Energy to award 18 any grant, contract, subcontract, award, loan, program, 19 support, or other activity, to any entity who enters into, 20 or maintains, partnerships or licensing agreements with 21 any entity of concern, as defined in section 10114 of title 22 I of division B of Public Law 117–167. 23 101 •HR 4394 EH STATE-OWNED ENTERPRISES PROHIBITION 1 S EC. 612. (a) INNOVATE INAMERICA.—None of the 2 funds made available by this Act may be used by the Sec-3 retary of Energy to award a contract, subcontract, grant, 4 or loan to an entity that— 5 (1) is owned or controlled by, is a subsidiary of, 6 or is otherwise related legally or financially to a cor-7 poration based in a country that— 8 (A) is identified as a nonmarket economy 9 country (as defined in section 771(18) of the 10 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 11 the date of enactment of this Act; 12 (B) was identified by the United States 13 Trade Representative in the most recent report 14 required by section 182 of the Trade Act of 15 1974 (19 U.S.C. 2242) as a priority foreign 16 country under subsection (a)(2) of that section; 17 and 18 (C) is subject to monitoring by the Trade 19 Representative under section 306 of the Trade 20 Act of 1974 (19 U.S.C. 2416); or 21 (2) is listed pursuant to section 9(b)(3) of the 22 Uyghur Human Rights Policy Act of 2020 (Public 23 Law 116–145). 24 102 •HR 4394 EH (b) EXCEPTION.—For purposes of subsection (a), the 1 Secretary of Energy may issue a waiver, to be made pub-2 licly available, to an entity in which the legal or financial 3 connection to a corporation is a minority relationship or 4 investment. 5 (c) I NTERNATIONAL AGREEMENTS.—This section 6 shall be applied in a manner consistent with the obliga-7 tions of the United States under applicable international 8 agreements. 9 S PENDINGREDUCTIONACCOUNT 10 S EC. 613. $0. 11 S EC. 614. None of the funds appropriated or other-12 wise made available by this Act may be made available 13 to finalize any rule or regulation that meets the definition 14 of section 804(2)(A) of title 5, United States Code. 15 S EC. 615. None of the funds made available by this 16 Act may be used to implement, administer, or enforce the 17 final rule of the Department of Energy entitled ‘‘Energy 18 Conservation Program: Energy Conservation Standards 19 for Consumer Furnaces’’ signed on September 28, 2023 20 (Docket ID: EERE–2014–BT–STD–0031; RIN 1904– 21 AD20). 22 S EC. 616. None of the funds made available by this 23 Act may be used to implement the Industrial 24 103 •HR 4394 EH Decarbonization Roadmap published by the Department 1 of Energy and dated September 2022 (DOE/EE–2635). 2 S EC. 617. None of the funds made available by this 3 Act may be used to finalize, implement, administer, or en-4 force the proposed rule entitled ‘‘Energy Conservation 5 Program: Energy Conservation Standards for Consumer 6 Water Heaters’’ published by the Department of Energy 7 in the Federal Register on July 28, 2023 (88 Fed. Reg. 8 49058). 9 S EC. 618. None of the funds made available by this 10 Act may be used by the National Nuclear Security Admin-11 istration to halt the construction of a High Explosive Syn-12 thesis, Formulation, and Production facility at the Pantex 13 Plant near Amarillo, Texas. 14 S EC. 619. None of the funds appropriated or other-15 wise made available by this Act may be used to admit any 16 individual who is a citizen of any country on the current 17 list of sensitive countries to any facility of a national secu-18 rity laboratory, as such term is defined in section 4002 19 of the Atomic Energy Defense Act, other than areas acces-20 sible to the general public. 21 S EC. 620. None of the funds made available by this 22 Act may be used to implement or enforce Corps of Engi-23 neers memorandum CERE-AP, issued by the South At-24 lantic division on July 9, 1996, relating to ‘‘Approval of 25 104 •HR 4394 EH Perpetual Beach Storm Damage Reduction Easement as 1 a Standard Estate’’. 2 S EC. 621. None of the funds made available by this 3 Act may be used to close the Toto Creek, Bolding Mill, 4 Duckett Mill, Old Federal, Van Pugh South Campground, 5 Sawnee, or Bald Ridge Creek campgrounds located at 6 Lake Sidney Lanier, Georgia. 7 S EC. 622. None of the funds made available by this 8 Act may be used to carry out the final rule titled ‘‘Energy 9 Conservation Program: Energy Conservation Standards 10 for Manufactured Housing’’ (88 Fed. Reg. 32728 (May 11 31, 2022)). 12 S EC. 623. None of the funds made available by this 13 Act may be used for the Interagency Working Group on 14 the Social Cost of Greenhouse Gases. 15 S EC. 624. None of the funds made available by this 16 Act may be used to consider the social cost of greenhouse 17 gases in the development and implementation of a budget 18 for a Federal agency, in any Federal procurement proc-19 esses, or when preparing an environmental review pursu-20 ant to the National Environmental Policy Act of 1969 (42 21 U.S.C. 4321 et seq.). 22 S EC. 625. None of the funds made available by this 23 Act may be used to enforce any COVID–19 mask man-24 dates. 25 105 •HR 4394 EH SEC. 626. None of the funds made available by this 1 Act may be used to finalize the rule entitled ‘‘Energy Con-2 servation Program: Energy Conservation Standards for 3 Automatic Commercial Ice Makers’’ published by the De-4 partment of Energy in the Federal Register on September 5 25, 2023 (88 Fed. Reg. 65628). 6 S EC. 627. None of the funds made available by this 7 Act may be used to implement, administer, or enforce the 8 rule entitled ‘‘Energy Conservation Program: Energy Con-9 servation Standards for Room Air Conditioners’’ published 10 by the Department of Energy in the Federal Register on 11 May 26, 2023 (88 Fed. Reg. 34298). 12 S EC. 628. None of the funds made available by this 13 Act may be used for the Department of Energy Office of 14 Science’s Office of Scientific Workforce Diversity, Equity, 15 and Inclusion. 16 S EC. 629. None of the funds made available by this 17 Act may be used for the American Climate Corps. 18 106 •HR 4394 EH This Act may be cited as the ‘‘Energy and Water De-1 velopment and Related Agencies Appropriations Act, 2 2024’’. 3 Passed the House of Representatives October 26, 2023. Attest: Clerk. 118 TH CONGRESS 1 ST S ESSION H. R. 4394 AN ACT Making appropriations for energy and water devel- opment and related agencies for the fiscal year ending September 30, 2024, and for other pur- poses.