US
Us Congress House Bill HB4394

Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4394 Compare Versions

OldNewDifferences
1-II
2-Calendar No. 233
1+IB
2+Union Calendar No. 98
33 118THCONGRESS
44 1
55 STSESSION H. R. 4394
6-IN THE SENATE OF THE UNITED STATES
7-NOVEMBER1, 2023
8-Received; read twice and placed on the calendar
9-AN ACT
6+[Report No. 118–126]
7+Making appropriations for energy and water development and related agencies
8+for the fiscal year ending September 30, 2024, and for other purposes.
9+IN THE HOUSE OF REPRESENTATIVES
10+JUNE30, 2023
11+Mr. F
12+LEISCHMANN, from the Committee on Appropriations, reported the fol-
13+lowing bill; which was committed to the Committee of the Whole House
14+on the State of the Union and ordered to be printed
15+A BILL
1016 Making appropriations for energy and water development
1117 and related agencies for the fiscal year ending September
1218 30, 2024, and for other purposes.
19+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4394.RH H4394
20+kjohnson on DSK79L0C42PROD with BILLS 2
21+•HR 4394 RH
1322 Be it enacted by the Senate and House of Representa-1
1423 tives of the United States of America in Congress assembled, 2
1524 That 3
1625 TITLE I 4
1726 CORPS OF ENGINEERS—CIVIL 5
1827 DEPARTMENT OF THE ARMY 6
1928 C
2029 ORPS OFENGINEERS—CIVIL 7
2130 The following appropriations shall be expended under 8
2231 the direction of the Secretary of the Army and the super-9
2332 vision of the Chief of Engineers for authorized civil func-10
24-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
25-kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
26-HR 4394 PCS
27-tions of the Department of the Army pertaining to river 1
28-and harbor, flood and storm damage reduction, shore pro-2
29-tection, aquatic ecosystem restoration, and related efforts. 3
30-INVESTIGATIONS 4
31-For expenses necessary where authorized by law for 5
32-the collection and study of basic information pertaining 6
33-to river and harbor, flood and storm damage reduction, 7
34-shore protection, aquatic ecosystem restoration, and re-8
35-lated needs; for surveys and detailed studies, and plans 9
36-and specifications of proposed river and harbor, flood and 10
37-storm damage reduction, shore protection, and aquatic 11
38-ecosystem restoration projects, and related efforts prior to 12
39-construction; for restudy of authorized projects; and for 13
40-miscellaneous investigations, and, when authorized by law, 14
41-surveys and detailed studies, and plans and specifications 15
42-of projects prior to construction, $136,087,000 (reduced 16
43-by $1,000,000) (increased by $1,000,000) (increased by 17
44-$10,000,000) (reduced by $10,000,000), to remain avail-18
45-able until expended: Provided, That the Secretary shall not 19
46-deviate from the work plan, once the plan has been sub-20
47-mitted to the Committees on Appropriations of both 21
48-Houses of Congress. 22
49-CONSTRUCTION 23
50-For expenses necessary for the construction of river 24
51-and harbor, flood and storm damage reduction, shore pro-25
52-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
53-kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
54-HR 4394 PCS
55-tection, aquatic ecosystem restoration, and related 1
56-projects authorized by law; for conducting detailed studies, 2
57-and plans and specifications, of such projects (including 3
58-those involving participation by States, local governments, 4
59-or private groups) authorized or made eligible for selection 5
60-by law (but such detailed studies, and plans and specifica-6
61-tions, shall not constitute a commitment of the Govern-7
62-ment to construction); $2,889,942,000 (increased by 8
63-$1,746,000,000) (reduced by $1,746,000,000) (increased 9
64-by $10,000,000) (reduced by $10,000,000), to remain 10
65-available until expended; of which $74,152,000, to be de-11
66-rived from the Harbor Maintenance Trust Fund, shall be 12
67-to cover the Federal share of construction costs for facili-13
68-ties under the Dredged Material Disposal Facilities pro-14
69-gram; and of which such sums as are necessary to cover 15
70-35 percent of the costs of construction, replacement, reha-16
71-bilitation, and expansion of inland waterways projects 17
72-shall be derived from the Inland Waterways Trust Fund, 18
73-except as otherwise specifically provided for in law: Pro-19
74-vided, That the Secretary shall not deviate from the work 20
75-plan, once the plan has been submitted to the Committees 21
76-on Appropriations of both Houses of Congress. 22
77-MISSISSIPPI RIVER AND TRIBUTARIES 23
78-For expenses necessary for flood damage reduction 24
79-projects and related efforts in the Mississippi River allu-25
80-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
81-kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
82-HR 4394 PCS
83-vial valley below Cape Girardeau, Missouri, as authorized 1
84-by law, $364,349,000, to remain available until expended, 2
85-of which $5,457,000, to be derived from the Harbor Main-3
86-tenance Trust Fund, shall be to cover the Federal share 4
87-of eligible operation and maintenance costs for inland har-5
88-bors: Provided, That the Secretary shall not deviate from 6
89-the work plan, once the plan has been submitted to the 7
90-Committees on Appropriations of both Houses of Con-8
91-gress. 9
92-OPERATION AND MAINTENANCE 10
93-For expenses necessary for the operation, mainte-11
94-nance, and care of existing river and harbor, flood and 12
95-storm damage reduction, aquatic ecosystem restoration, 13
96-and related projects authorized by law; providing security 14
97-for infrastructure owned or operated by the Corps, includ-15
98-ing administrative buildings and laboratories; maintaining 16
99-harbor channels provided by a State, municipality, or 17
100-other public agency that serve essential navigation needs 18
101-of general commerce, where authorized by law; surveying 19
102-and charting northern and northwestern lakes and con-20
103-necting waters; clearing and straightening channels; and 21
104-removing obstructions to navigation, $5,496,622,000 (in-22
105-creased by $3,000,000) (reduced by $3,000,000), to re-23
106-main available until expended, of which $2,691,391,000, 24
107-to be derived from the Harbor Maintenance Trust Fund, 25
108-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
109-kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
110-HR 4394 PCS
111-shall be to cover the Federal share of eligible operations 1
112-and maintenance costs for coastal harbors and channels, 2
113-and for inland harbors; of which such sums as become 3
114-available from the special account for the Corps of Engi-4
115-neers established by the Land and Water Conservation 5
116-Fund Act of 1965 shall be derived from that account for 6
117-resource protection, research, interpretation, and mainte-7
118-nance activities related to resource protection in the areas 8
119-at which outdoor recreation is available; of which such 9
120-sums as become available from fees collected under section 10
121-217 of Public Law 104–303 shall be used to cover the 11
122-cost of operation and maintenance of the dredged material 12
123-disposal facilities for which such fees have been collected; 13
124-and of which $58,000,000, to be derived from the general 14
125-fund of the Treasury, shall be to carry out subsection (c) 15
126-of section 2106 of the Water Resources Reform and Devel-16
127-opment Act of 2014 (33 U.S.C. 2238c) and shall be des-17
128-ignated as being for such purpose pursuant to paragraph 18
129-(2) of section 14003 of division B of the Coronavirus Aid, 19
130-Relief, and Economic Security Act (Public Law 116–136): 20
131-Provided, That 1 percent of the total amount of funds pro-21
132-vided for each of the programs, projects, or activities fund-22
133-ed under this heading shall not be allocated to a field oper-23
134-ating activity prior to the beginning of the fourth quarter 24
135-of the fiscal year and shall be available for use by the Chief 25
136-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
137-kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
138-HR 4394 PCS
139-of Engineers to fund such emergency activities as the 1
140-Chief of Engineers determines to be necessary and appro-2
141-priate, and that the Chief of Engineers shall allocate dur-3
142-ing the fourth quarter any remaining funds which have 4
143-not been used for emergency activities proportionally in 5
144-accordance with the amounts provided for the programs, 6
145-projects, or activities: Provided further, That the Secretary 7
146-shall not deviate from the work plan, once the plan has 8
147-been submitted to the Committees on Appropriations of 9
148-both Houses of Congress. 10
149-REGULATORY PROGRAM 11
150-For expenses necessary for administration of laws 12
151-pertaining to regulation of navigable waters and wetlands, 13
152-$218,000,000, to remain available until September 30, 14
153-2025. 15
154-FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 16
155-For expenses necessary to clean up contamination 17
156-from sites in the United States resulting from work per-18
157-formed as part of the Nation’s early atomic energy pro-19
158-gram, $200,000,000, to remain available until expended. 20
159-FLOOD CONTROL AND COASTAL EMERGENCIES 21
160-For expenses necessary to prepare for flood, hurri-22
161-cane, typhoon, and other natural disasters and support 23
162-emergency operations, repairs, and other activities in re-24
163-sponse to such disasters as authorized by law, 25
164-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
165-kjohnson on DSK7ZCZBW3PROD with $$_JOB 7
166-HR 4394 PCS
167-$40,000,000 (reduced by $1,000,000) (increased by 1
168-$1,000,000) (increased by $1,500,000), to remain avail-2
169-able until expended. 3
170-EXPENSES 4
171-For expenses necessary for the supervision and gen-5
172-eral administration of the civil works program in the head-6
173-quarters of the Corps of Engineers and the offices of the 7
174-Division Engineers; and for costs of management and op-8
175-eration of the Humphreys Engineer Center Support Activ-9
176-ity, the Institute for Water Resources, the United States 10
177-Army Engineer Research and Development Center, and 11
178-the United States Army Corps of Engineers Finance Cen-12
179-ter allocable to the civil works program, $215,000,000 (in-13
180-creased by $1,500,000), to remain available until Sep-14
181-tember 30, 2025, of which not to exceed $5,000 may be 15
182-used for official reception and representation purposes and 16
183-only during the current fiscal year: Provided, That no part 17
184-of any other appropriation provided in this title shall be 18
185-available to fund the civil works activities of the Office 19
186-of the Chief of Engineers or the civil works executive di-20
187-rection and management activities of the division offices: 21
188-Provided further, That any Flood Control and Coastal 22
189-Emergencies appropriation may be used to fund the super-23
190-vision and general administration of emergency oper-24
191-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
192-kjohnson on DSK7ZCZBW3PROD with $$_JOB 8
193-HR 4394 PCS
194-ations, repairs, and other activities in response to any 1
195-flood, hurricane, typhoon, or other natural disaster. 2
196-OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 3
197-FOR CIVIL WORKS 4
198-For the Office of the Assistant Secretary of the Army 5
199-for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 6
200-$5,000,000, to remain available until September 30, 2025: 7
201-Provided, That not more than 25 percent of such amount 8
202-may be obligated or expended until the Assistant Sec-9
203-retary submits to the Committees on Appropriations of 10
204-both Houses of Congress the report required under section 11
205-101(d) of this Act and a work plan that allocates at least 12
206-95 percent of the additional funding provided under each 13
207-heading in the report accompanying this Act to specific 14
208-programs, projects, or activities. 15
209-WATER INFRASTRUCTURE FINANCE AND INNOVATION 16
210-PROGRAM ACCOUNT 17
211-For administrative expenses to carry out the direct 18
212-and guaranteed loan programs authorized by the Water 19
213-Infrastructure Finance and Innovation Act of 2014, 20
214-$5,000,000, to remain available until September 30, 2025. 21
215-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
216-kjohnson on DSK7ZCZBW3PROD with $$_JOB 9
217-HR 4394 PCS
33+tions of the Department of the Army pertaining to river 11
34+and harbor, flood and storm damage reduction, shore pro-12
35+tection, aquatic ecosystem restoration, and related efforts. 13
36+INVESTIGATIONS 14
37+For expenses necessary where authorized by law for 15
38+the collection and study of basic information pertaining 16
39+to river and harbor, flood and storm damage reduction, 17
40+shore protection, aquatic ecosystem restoration, and re-18
41+lated needs; for surveys and detailed studies, and plans 19
42+and specifications of proposed river and harbor, flood and 20
43+storm damage reduction, shore protection, and aquatic 21
44+ecosystem restoration projects, and related efforts prior to 22
45+construction; for restudy of authorized projects; and for 23
46+miscellaneous investigations, and, when authorized by law, 24
47+surveys and detailed studies, and plans and specifications 25
48+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
49+kjohnson on DSK79L0C42PROD with BILLS 3
50+•HR 4394 RH
51+of projects prior to construction, $136,087,000, to remain 1
52+available until expended: Provided, That the Secretary 2
53+shall not deviate from the work plan, once the plan has 3
54+been submitted to the Committees on Appropriations of 4
55+both Houses of Congress. 5
56+CONSTRUCTION 6
57+For expenses necessary for the construction of river 7
58+and harbor, flood and storm damage reduction, shore pro-8
59+tection, aquatic ecosystem restoration, and related 9
60+projects authorized by law; for conducting detailed studies, 10
61+and plans and specifications, of such projects (including 11
62+those involving participation by States, local governments, 12
63+or private groups) authorized or made eligible for selection 13
64+by law (but such detailed studies, and plans and specifica-14
65+tions, shall not constitute a commitment of the Govern-15
66+ment to construction); $2,889,942,000, to remain avail-16
67+able until expended; of which $74,152,000, to be derived 17
68+from the Harbor Maintenance Trust Fund, shall be to 18
69+cover the Federal share of construction costs for facilities 19
70+under the Dredged Material Disposal Facilities program; 20
71+and of which such sums as are necessary to cover 35 per-21
72+cent of the costs of construction, replacement, rehabilita-22
73+tion, and expansion of inland waterways projects shall be 23
74+derived from the Inland Waterways Trust Fund, except 24
75+as otherwise specifically provided for in law: Provided, 25
76+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
77+kjohnson on DSK79L0C42PROD with BILLS 4
78+•HR 4394 RH
79+That the Secretary shall not deviate from the work plan, 1
80+once the plan has been submitted to the Committees on 2
81+Appropriations of both Houses of Congress. 3
82+MISSISSIPPI RIVER AND TRIBUTARIES 4
83+For expenses necessary for flood damage reduction 5
84+projects and related efforts in the Mississippi River allu-6
85+vial valley below Cape Girardeau, Missouri, as authorized 7
86+by law, $364,349,000, to remain available until expended, 8
87+of which $5,457,000, to be derived from the Harbor Main-9
88+tenance Trust Fund, shall be to cover the Federal share 10
89+of eligible operation and maintenance costs for inland har-11
90+bors: Provided, That the Secretary shall not deviate from 12
91+the work plan, once the plan has been submitted to the 13
92+Committees on Appropriations of both Houses of Con-14
93+gress. 15
94+OPERATION AND MAINTENANCE 16
95+For expenses necessary for the operation, mainte-17
96+nance, and care of existing river and harbor, flood and 18
97+storm damage reduction, aquatic ecosystem restoration, 19
98+and related projects authorized by law; providing security 20
99+for infrastructure owned or operated by the Corps, includ-21
100+ing administrative buildings and laboratories; maintaining 22
101+harbor channels provided by a State, municipality, or 23
102+other public agency that serve essential navigation needs 24
103+of general commerce, where authorized by law; surveying 25
104+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
105+kjohnson on DSK79L0C42PROD with BILLS 5
106+•HR 4394 RH
107+and charting northern and northwestern lakes and con-1
108+necting waters; clearing and straightening channels; and 2
109+removing obstructions to navigation, $5,496,622,000, to 3
110+remain available until expended, of which $2,691,391,000, 4
111+to be derived from the Harbor Maintenance Trust Fund, 5
112+shall be to cover the Federal share of eligible operations 6
113+and maintenance costs for coastal harbors and channels, 7
114+and for inland harbors; of which such sums as become 8
115+available from the special account for the Corps of Engi-9
116+neers established by the Land and Water Conservation 10
117+Fund Act of 1965 shall be derived from that account for 11
118+resource protection, research, interpretation, and mainte-12
119+nance activities related to resource protection in the areas 13
120+at which outdoor recreation is available; of which such 14
121+sums as become available from fees collected under section 15
122+217 of Public Law 104–303 shall be used to cover the 16
123+cost of operation and maintenance of the dredged material 17
124+disposal facilities for which such fees have been collected; 18
125+and of which $58,000,000, to be derived from the general 19
126+fund of the Treasury, shall be to carry out subsection (c) 20
127+of section 2106 of the Water Resources Reform and Devel-21
128+opment Act of 2014 (33 U.S.C. 2238c) and shall be des-22
129+ignated as being for such purpose pursuant to paragraph 23
130+(2) of section 14003 of division B of the Coronavirus Aid, 24
131+Relief, and Economic Security Act (Public Law 116–136): 25
132+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
133+kjohnson on DSK79L0C42PROD with BILLS 6
134+•HR 4394 RH
135+Provided, That 1 percent of the total amount of funds pro-1
136+vided for each of the programs, projects, or activities fund-2
137+ed under this heading shall not be allocated to a field oper-3
138+ating activity prior to the beginning of the fourth quarter 4
139+of the fiscal year and shall be available for use by the Chief 5
140+of Engineers to fund such emergency activities as the 6
141+Chief of Engineers determines to be necessary and appro-7
142+priate, and that the Chief of Engineers shall allocate dur-8
143+ing the fourth quarter any remaining funds which have 9
144+not been used for emergency activities proportionally in 10
145+accordance with the amounts provided for the programs, 11
146+projects, or activities: Provided further, That the Secretary 12
147+shall not deviate from the work plan, once the plan has 13
148+been submitted to the Committees on Appropriations of 14
149+both Houses of Congress. 15
150+REGULATORY PROGRAM 16
151+For expenses necessary for administration of laws 17
152+pertaining to regulation of navigable waters and wetlands, 18
153+$218,000,000, to remain available until September 30, 19
154+2025. 20
155+FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 21
156+For expenses necessary to clean up contamination 22
157+from sites in the United States resulting from work per-23
158+formed as part of the Nation’s early atomic energy pro-24
159+gram, $200,000,000, to remain available until expended. 25
160+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
161+kjohnson on DSK79L0C42PROD with BILLS 7
162+•HR 4394 RH
163+FLOOD CONTROL AND COASTAL EMERGENCIES 1
164+For expenses necessary to prepare for flood, hurri-2
165+cane, and other natural disasters and support emergency 3
166+operations, repairs, and other activities in response to 4
167+such disasters as authorized by law, $40,000,000, to re-5
168+main available until expended. 6
169+EXPENSES 7
170+For expenses necessary for the supervision and gen-8
171+eral administration of the civil works program in the head-9
172+quarters of the Corps of Engineers and the offices of the 10
173+Division Engineers; and for costs of management and op-11
174+eration of the Humphreys Engineer Center Support Activ-12
175+ity, the Institute for Water Resources, the United States 13
176+Army Engineer Research and Development Center, and 14
177+the United States Army Corps of Engineers Finance Cen-15
178+ter allocable to the civil works program, $215,000,000, to 16
179+remain available until September 30, 2025, of which not 17
180+to exceed $5,000 may be used for official reception and 18
181+representation purposes and only during the current fiscal 19
182+year: Provided, That no part of any other appropriation 20
183+provided in this title shall be available to fund the civil 21
184+works activities of the Office of the Chief of Engineers 22
185+or the civil works executive direction and management ac-23
186+tivities of the division offices: Provided further, That any 24
187+Flood Control and Coastal Emergencies appropriation 25
188+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
189+kjohnson on DSK79L0C42PROD with BILLS 8
190+•HR 4394 RH
191+may be used to fund the supervision and general adminis-1
192+tration of emergency operations, repairs, and other activi-2
193+ties in response to any flood, hurricane, or other natural 3
194+disaster. 4
195+OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 5
196+FOR CIVIL WORKS 6
197+For the Office of the Assistant Secretary of the Army 7
198+for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 8
199+$5,000,000, to remain available until September 30, 2025: 9
200+Provided, That not more than 25 percent of such amount 10
201+may be obligated or expended until the Assistant Sec-11
202+retary submits to the Committees on Appropriations of 12
203+both Houses of Congress the report required under section 13
204+101(d) of this Act and a work plan that allocates at least 14
205+95 percent of the additional funding provided under each 15
206+heading in the report accompanying this Act to specific 16
207+programs, projects, or activities. 17
208+WATER INFRASTRUCTURE FINANCE AND INNOVATION 18
209+PROGRAM ACCOUNT 19
210+For administrative expenses to carry out the direct 20
211+and guaranteed loan programs authorized by the Water 21
212+Infrastructure Finance and Innovation Act of 2014, 22
213+$5,000,000, to remain available until September 30, 2025. 23
214+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
215+kjohnson on DSK79L0C42PROD with BILLS 9
216+•HR 4394 RH
218217 GENERAL PROVISIONS—CORPS OF 1
219218 ENGINEERS—CIVIL 2
220219 (INCLUDING TRANSFER OF FUNDS) 3
221220 S
222221 EC. 101. (a) None of the funds provided in title I 4
223222 of this Act, or provided by previous appropriations Acts 5
224223 to the agencies or entities funded in title I of this Act 6
225224 that remain available for obligation or expenditure in fiscal 7
226225 year 2024, shall be available for obligation or expenditure 8
227226 through a reprogramming of funds that: 9
228227 (1) creates or initiates a new program, project, 10
229228 or activity; 11
230229 (2) eliminates a program, project, or activity; 12
231230 (3) increases funds or personnel for any pro-13
232231 gram, project, or activity for which funds have been 14
233232 denied or restricted by this Act, unless prior ap-15
234233 proval is received from the Committees on Appro-16
235234 priations of both Houses of Congress; 17
236235 (4) proposes to use funds directed for a specific 18
237236 activity for a different purpose, unless prior approval 19
238237 is received from the Committees on Appropriations 20
239238 of both Houses of Congress; 21
240239 (5) augments or reduces existing programs, 22
241240 projects, or activities in excess of the amounts con-23
242241 tained in paragraphs (6) through (10), unless prior 24
243-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
244-kjohnson on DSK7ZCZBW3PROD with $$_JOB 10
245-HR 4394 PCS
242+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
243+kjohnson on DSK79L0C42PROD with BILLS 10
244+•HR 4394 RH
246245 approval is received from the Committees on Appro-1
247246 priations of both Houses of Congress; 2
248247 (6) I
249248 NVESTIGATIONS.—For a base level over 3
250249 $100,000, reprogramming of 25 percent of the base 4
251250 amount up to a limit of $150,000 per project, study 5
252251 or activity is allowed: Provided, That for a base level 6
253252 less than $100,000, the reprogramming limit is 7
254253 $25,000: Provided further, That up to $25,000 may 8
255254 be reprogrammed into any continuing study or activ-9
256255 ity that did not receive an appropriation for existing 10
257256 obligations and concomitant administrative expenses; 11
258257 (7) C
259258 ONSTRUCTION.—For a base level over 12
260259 $2,000,000, reprogramming of 15 percent of the 13
261260 base amount up to a limit of $3,000,000 per project, 14
262261 study or activity is allowed: Provided, That for a 15
263262 base level less than $2,000,000, the reprogramming 16
264263 limit is $300,000: Provided further, That up to 17
265264 $3,000,000 may be reprogrammed for settled con-18
266265 tractor claims, changed conditions, or real estate de-19
267266 ficiency judgments: Provided further, That up to 20
268267 $300,000 may be reprogrammed into any continuing 21
269268 study or activity that did not receive an appropria-22
270269 tion for existing obligations and concomitant admin-23
271270 istrative expenses; 24
272-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
273-kjohnson on DSK7ZCZBW3PROD with $$_JOB 11
274-HR 4394 PCS
271+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
272+kjohnson on DSK79L0C42PROD with BILLS 11
273+•HR 4394 RH
275274 (8) OPERATION AND MAINTENANCE .—Unlim-1
276275 ited reprogramming authority is granted for the 2
277276 Corps to be able to respond to emergencies: Pro-3
278277 vided, That the Chief of Engineers shall notify the 4
279278 Committees on Appropriations of both Houses of 5
280279 Congress of these emergency actions as soon there-6
281280 after as practicable: Provided further, That for a 7
282281 base level over $1,000,000, reprogramming of 15 8
283282 percent of the base amount up to a limit of 9
284283 $5,000,000 per project, study, or activity is allowed: 10
285284 Provided further, That for a base level less than 11
286285 $1,000,000, the reprogramming limit is $150,000: 12
287286 Provided further, That $150,000 may be repro-13
288287 grammed into any continuing study or activity that 14
289288 did not receive an appropriation; 15
290289 (9) M
291290 ISSISSIPPI RIVER AND TRIBUTARIES .— 16
292291 The reprogramming guidelines in paragraphs (6), 17
293292 (7), and (8) shall apply to the Investigations, Con-18
294293 struction, and Operation and Maintenance portions 19
295294 of the Mississippi River and Tributaries Account, re-20
296295 spectively; and 21
297296 (10) F
298297 ORMERLY UTILIZED SITES REMEDIAL AC -22
299298 TION PROGRAM.—Reprogramming of up to 15 per-23
300299 cent of the base of the receiving project is permitted. 24
301-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
302-kjohnson on DSK7ZCZBW3PROD with $$_JOB 12
303-HR 4394 PCS
300+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
301+kjohnson on DSK79L0C42PROD with BILLS 12
302+•HR 4394 RH
304303 (b) DEMINIMUSREPROGRAMMINGS.—In no case 1
305304 should a reprogramming for less than $50,000 be sub-2
306305 mitted to the Committees on Appropriations of both 3
307306 Houses of Congress. 4
308307 (c) C
309308 ONTINUINGAUTHORITIESPROGRAM.—Sub-5
310309 section (a)(1) shall not apply to any project or activity 6
311310 funded under the continuing authorities program. 7
312311 (d) Not later than 60 days after the date of enact-8
313312 ment of this Act, the Secretary shall submit a report to 9
314313 the Committees on Appropriations of both Houses of Con-10
315314 gress to establish the baseline for application of re-11
316315 programming and transfer authorities for the current fis-12
317316 cal year which shall include: 13
318317 (1) A table for each appropriation with a sepa-14
319318 rate column to display the President’s budget re-15
320319 quest, adjustments made by Congress, adjustments 16
321320 due to enacted rescissions, if applicable, and the fis-17
322321 cal year enacted level; 18
323322 (2) A delineation in the table for each appro-19
324323 priation both by object class and program, project 20
325324 and activity as detailed in the budget appendix for 21
326325 the respective appropriations; and 22
327326 (3) An identification of items of special congres-23
328327 sional interest. 24
329-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
330-kjohnson on DSK7ZCZBW3PROD with $$_JOB 13
331-HR 4394 PCS
328+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
329+kjohnson on DSK79L0C42PROD with BILLS 13
330+•HR 4394 RH
332331 SEC. 102. The Secretary shall allocate funds made 1
333332 available in this Act solely in accordance with the provi-2
334333 sions of this Act and in the report accompanying this Act. 3
335334 S
336335 EC. 103. None of the funds made available in this 4
337336 title may be used to award or modify any contract that 5
338337 commits funds beyond the amounts appropriated for that 6
339338 program, project, or activity that remain unobligated, ex-7
340339 cept that such amounts may include any funds that have 8
341340 been made available through reprogramming pursuant to 9
342341 section 101. 10
343342 S
344343 EC. 104. The Secretary of the Army may transfer 11
345344 to the Fish and Wildlife Service, and the Fish and Wildlife 12
346345 Service may accept and expend, up to $8,200,000 of funds 13
347346 provided in this title under the heading ‘‘Operation and 14
348347 Maintenance’’ to mitigate for fisheries lost due to Corps 15
349348 of Engineers projects. 16
350349 S
351350 EC. 105. None of the funds in this Act shall be used 17
352351 for an open lake placement alternative for dredged mate-18
353352 rial, after evaluating the least costly, environmentally ac-19
354353 ceptable manner for the disposal or management of 20
355354 dredged material originating from Lake Erie or tributaries 21
356355 thereto, unless it is approved under a State water quality 22
357356 certification pursuant to section 401 of the Federal Water 23
358357 Pollution Control Act (33 U.S.C. 1341): Provided, That 24
359358 until an open lake placement alternative for dredged mate-25
360-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
361-kjohnson on DSK7ZCZBW3PROD with $$_JOB 14
362-HR 4394 PCS
359+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
360+kjohnson on DSK79L0C42PROD with BILLS 14
361+•HR 4394 RH
363362 rial is approved under a State water quality certification, 1
364363 the Corps of Engineers shall continue upland placement 2
365364 of such dredged material consistent with the requirements 3
366365 of section 101 of the Water Resources Development Act 4
367366 of 1986 (33 U.S.C. 2211). 5
368367 S
369368 EC. 106. None of the funds made available by this 6
370369 Act may be used to carry out any water supply reallocation 7
371370 study under the Wolf Creek Dam, Lake Cumberland, Ken-8
372371 tucky, project authorized under the Act of July 24, 1946 9
373372 (60 Stat. 636, ch. 595). 10
374373 S
375374 EC. 107. None of the funds made available by this 11
376375 Act or any other Act may be used to reorganize or to 12
377376 transfer the Civil Works functions or authority of the 13
378377 Corps of Engineers or the Secretary of the Army to an-14
379378 other department or agency. 15
380379 S
381380 EC. 108. Additional funding provided in this Act 16
382381 shall be allocated only to projects determined to be eligible 17
383382 by the Chief of Engineers. 18
384383 S
385384 EC. 109. The rule submitted by the Department of 19
386385 the Army, Corps of Engineers, Department of Defense, 20
387386 and the Environmental Protection Agency relating to ‘‘Re-21
388387 vised Definition of ‘Waters of the United States’’’ (88 22
389388 Fed. Reg. 3004 (January 18, 2023)) shall have no force 23
390389 or effect. 24
391-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
392-kjohnson on DSK7ZCZBW3PROD with $$_JOB 15
393-HR 4394 PCS
390+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
391+kjohnson on DSK79L0C42PROD with BILLS 15
392+•HR 4394 RH
394393 SEC. 110. As of the date of enactment of this Act 1
395394 and each fiscal year thereafter, the Secretary of the Army 2
396395 shall not promulgate or enforce any regulation that pro-3
397396 hibits an individual from possessing a firearm, including 4
398397 an assembled or functional firearm, at a water resources 5
399398 development project covered under section 327.0 of title 6
400399 36, Code of Federal Regulations (as in effect on the date 7
401400 of enactment of this Act) if: 8
402401 (1) the individual is not otherwise prohibited by 9
403402 law from possessing a firearm; and 10
404403 (2) the possession of the firearm is in compli-11
405404 ance with the law of the State in which the water 12
406405 resources development project is located. 13
407406 S
408407 EC. 111. None of the funds made available by this 14
409408 Act or any other Act in any fiscal year may be used to 15
410409 alter the eligibility requirements for assistance under sec-16
411410 tion 5 of the Act of August 18, 1941 (33 U.S.C. 701n) 17
412411 in effect on November 14, 2022, without express author-18
413412 ization by Congress. 19
414413 S
415414 EC. 112. Notwithstanding any other requirement, 20
416415 unobligated balances from amounts made available under 21
417416 the heading ‘‘Corps of Engineers—Civil—Construction’’ 22
418417 in division J of the Infrastructure Investment and Jobs 23
419418 Act (Public Law 117–58) for which spend plan allocations 24
420419 have not been announced as of the date of enactment of 25
421-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
422-kjohnson on DSK7ZCZBW3PROD with $$_JOB 16
423-HR 4394 PCS
420+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
421+kjohnson on DSK79L0C42PROD with BILLS 16
422+•HR 4394 RH
424423 this Act may be made available for projects, regardless 1
425424 of project purpose, that have previously received funds 2
426425 under the heading ‘‘Corps of Engineers—Civil—Construc-3
427426 tion’’ in the Bipartisan Budget Act of 2018 (Public Law 4
428427 115–123) and for which non-Federal interests have en-5
429428 tered into binding agreements with the Secretary as of the 6
430429 date of enactment of this Act: Provided, That projects re-7
431430 ceiving Infrastructure Investment and Jobs Act (Public 8
432431 Law 117–58) funding pursuant to this section shall be 9
433432 subject only to the terms and conditions of the Bipartisan 10
434433 Budget Act of 2018 (Public Law 115–123): Provided fur-11
435434 ther, That amounts repurposed pursuant to this section 12
436435 that were previously designated by the Congress as an 13
437436 emergency requirement pursuant to the Balanced Budget 14
438437 and Emergency Deficit Control Act of 1985 or a concur-15
439438 rent resolution on the budget are designated by the Con-16
440439 gress as an emergency requirement pursuant to section 17
441440 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
442441 Deficit Control Act of 1985. 19
443442 TITLE II 20
444443 DEPARTMENT OF THE INTERIOR 21
445444 C
446445 ENTRALUTAHPROJECT 22
447446 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 23
448447 For carrying out activities authorized by the Central 24
449448 Utah Project Completion Act, $23,000,000, to remain 25
450-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
451-kjohnson on DSK7ZCZBW3PROD with $$_JOB 17
452-HR 4394 PCS
449+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
450+kjohnson on DSK79L0C42PROD with BILLS 17
451+•HR 4394 RH
453452 available until expended, of which $4,650,000 shall be de-1
454453 posited into the Utah Reclamation Mitigation and Con-2
455454 servation Account for use by the Utah Reclamation Miti-3
456455 gation and Conservation Commission: Provided, That of 4
457456 the amount provided under this heading, $1,750,000 shall 5
458457 be available until September 30, 2025, for expenses nec-6
459458 essary in carrying out related responsibilities of the Sec-7
460459 retary of the Interior: Provided further, That for fiscal 8
461460 year 2024, of the amount made available to the Commis-9
462461 sion under this Act or any other Act, the Commission may 10
463462 use an amount not to exceed $1,990,000 for administra-11
464463 tive expenses. 12
465464 B
466465 UREAU OFRECLAMATION 13
467466 The following appropriations shall be expended to 14
468467 execute authorized functions of the Bureau of Reclama-15
469468 tion: 16
470469 WATER AND RELATED RESOURCES 17
471470 (INCLUDING TRANSFERS OF FUNDS) 18
472471 For management, development, and restoration of 19
473472 water and related natural resources and for related activi-20
474473 ties, including the operation, maintenance, and rehabilita-21
475474 tion of reclamation and other facilities, participation in 22
476475 fulfilling related Federal responsibilities to Native Ameri-23
477476 cans, and related grants to, and cooperative and other 24
478477 agreements with, State and local governments, federally 25
479-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
480-kjohnson on DSK7ZCZBW3PROD with $$_JOB 18
481-HR 4394 PCS
482-recognized Indian Tribes, and others, $1,693,366,000 (in-1
483-creased by $2,000,000) (increased by $4,000,000) (in-2
484-creased by $500,000) (increased by $1,000,000), to re-3
485-main available until expended, of which $1,051,000 (in-4
486-creased by $2,000,000) shall be available for transfer to 5
487-the Upper Colorado River Basin Fund and $7,584,000 6
488-shall be available for transfer to the Lower Colorado River 7
489-Basin Development Fund; of which such amounts as may 8
490-be necessary may be advanced to the Colorado River Dam 9
491-Fund: Provided, That $500,000 shall be available for 10
492-transfer into the Aging Infrastructure Account established 11
493-by section 9603(d)(1) of the Omnibus Public Land Man-12
494-agement Act of 2009, as amended (43 U.S.C. 510b(d)(1)): 13
495-Provided further, That such transfers, except for the 14
496-transfer authorized by the preceding proviso, may be in-15
497-creased or decreased within the overall appropriation 16
498-under this heading: Provided further, That of the total ap-17
499-propriated, the amount for program activities that can be 18
500-financed by the Reclamation Fund, the Water Storage En-19
501-hancement Receipts account established by section 20
502-4011(e) of Public Law 114–322, or the Bureau of Rec-21
503-lamation special fee account established by 16 U.S.C. 22
504-6806 shall be derived from that Fund or account: Provided 23
505-further, That funds contributed under 43 U.S.C. 395 are 24
506-available until expended for the purposes for which the 25
507-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
508-kjohnson on DSK7ZCZBW3PROD with $$_JOB 19
509-HR 4394 PCS
510-funds were contributed: Provided further, That funds ad-1
511-vanced under 43 U.S.C. 397a shall be credited to this ac-2
512-count and are available until expended for the same pur-3
513-poses as the sums appropriated under this heading: Pro-4
514-vided further, That of the amounts made available under 5
515-this heading, $5,500,000 shall be deposited in the San Ga-6
516-briel Basin Restoration Fund established by section 110 7
517-of title I of division B of appendix D of Public Law 106– 8
518-554: Provided further, That of the amounts provided here-9
519-in, funds may be used for high-priority projects which 10
520-shall be carried out by the Youth Conservation Corps, as 11
521-authorized by 16 U.S.C. 1706: Provided further, That 12
522-within available funds, $250,000 shall be for grants and 13
523-financial assistance for educational activities: Provided 14
524-further, That in accordance with section 4007 of Public 15
525-Law 114–322 and as recommended by the Secretary in 16
526-letters dated February 13, 2019, June 22, 2020, and De-17
527-cember 3, 2020, funding provided for such purpose in this 18
528-and prior fiscal years shall be made available to the Shasta 19
529-Dam and Reservoir Enlargement Project. 20
530-CENTRAL VALLEY PROJECT RESTORATION FUND 21
531-For carrying out the programs, projects, plans, habi-22
532-tat restoration, improvement, and acquisition provisions of 23
533-the Central Valley Project Improvement Act, such sums 24
534-as may be collected in fiscal year 2024 in the Central Val-25
535-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
536-kjohnson on DSK7ZCZBW3PROD with $$_JOB 20
537-HR 4394 PCS
538-ley Project Restoration Fund pursuant to sections 1
539-3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 2
540-to remain available until expended: Provided, That the Bu-3
541-reau of Reclamation is directed to assess and collect the 4
542-full amount of the additional mitigation and restoration 5
543-payments authorized by section 3407(d) of Public Law 6
544-102–575: Provided further, That none of the funds made 7
545-available under this heading may be used for the acquisi-8
546-tion or leasing of water for in-stream purposes if the water 9
547-is already committed to in-stream purposes by a court 10
548-adopted decree or order. 11
549-CALIFORNIA BAY-DELTA RESTORATION 12
550-(INCLUDING TRANSFERS OF FUNDS) 13
551-For carrying out activities authorized by the Water 14
552-Supply, Reliability, and Environmental Improvement Act, 15
553-consistent with plans to be approved by the Secretary of 16
554-the Interior, $33,000,000, to remain available until ex-17
555-pended, of which such amounts as may be necessary to 18
556-carry out such activities may be transferred to appropriate 19
557-accounts of other participating Federal agencies to carry 20
558-out authorized purposes: Provided, That funds appro-21
559-priated herein may be used for the Federal share of the 22
560-costs of Calfed Program management: Provided further, 23
561-That Calfed implementation shall be carried out in a bal-24
562-anced manner with clear performance measures dem-25
563-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
564-kjohnson on DSK7ZCZBW3PROD with $$_JOB 21
565-HR 4394 PCS
566-onstrating concurrent progress in achieving the goals and 1
567-objectives of the Program. 2
568-POLICY AND ADMINISTRATION 3
569-For expenses necessary for policy, administration, 4
570-and related functions in the Office of the Commissioner, 5
571-the Denver office, and offices in the six regions of the Bu-6
572-reau of Reclamation, to remain available until September 7
573-30, 2025, $65,079,000, to be derived from the Reclama-8
574-tion Fund and be nonreimbursable as provided in 43 9
575-U.S.C. 377, of which not to exceed $5,000 may be used 10
576-for official reception and representation expenses: Pro-11
577-vided, That no part of any other appropriation in this Act 12
578-shall be available for activities or functions budgeted as 13
579-policy and administration expenses. 14
580-ADMINISTRATIVE PROVISION 15
581-Appropriations for the Bureau of Reclamation shall 16
582-be available for purchase and replacement of not to exceed 17
583-30 motor vehicles, which are for replacement only. 18
584-GENERAL PROVISIONS—DEPARTMENT OF THE 19
585-INTERIOR 20
586-S
587-EC. 201. (a) None of the funds provided in title II 21
588-of this Act for Water and Related Resources, or provided 22
589-by previous or subsequent appropriations Acts to the agen-23
590-cies or entities funded in title II of this Act for Water 24
591-and Related Resources that remain available for obligation 25
592-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
593-kjohnson on DSK7ZCZBW3PROD with $$_JOB 22
594-HR 4394 PCS
595-or expenditure in fiscal year 2024, shall be available for 1
596-obligation or expenditure through a reprogramming of 2
597-funds that— 3
598-(1) initiates or creates a new program, project, 4
599-or activity; 5
600-(2) eliminates a program, project, or activity; 6
601-(3) increases funds for any program, project, or 7
602-activity for which funds have been denied or re-8
603-stricted by this Act, unless prior approval is received 9
604-from the Committees on Appropriations of both 10
605-Houses of Congress; 11
606-(4) restarts or resumes any program, project or 12
607-activity for which funds are not provided in this Act, 13
608-unless prior approval is received from the Commit-14
609-tees on Appropriations of both Houses of Congress; 15
610-(5) transfers funds in excess of the following 16
611-limits, unless prior approval is received from the 17
612-Committees on Appropriations of both Houses of 18
613-Congress: 19
614-(A) 15 percent for any program, project or 20
615-activity for which $2,000,000 or more is avail-21
616-able at the beginning of the fiscal year; or 22
617-(B) $400,000 for any program, project or 23
618-activity for which less than $2,000,000 is avail-24
619-able at the beginning of the fiscal year; 25
620-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
621-kjohnson on DSK7ZCZBW3PROD with $$_JOB 23
622-HR 4394 PCS
478+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
479+kjohnson on DSK79L0C42PROD with BILLS 18
480+•HR 4394 RH
481+recognized Indian Tribes, and others, $1,693,366,000, to 1
482+remain available until expended, of which $1,051,000 shall 2
483+be available for transfer to the Upper Colorado River 3
484+Basin Fund and $7,584,000 shall be available for transfer 4
485+to the Lower Colorado River Basin Development Fund; 5
486+of which such amounts as may be necessary may be ad-6
487+vanced to the Colorado River Dam Fund: Provided, That 7
488+$500,000 shall be available for transfer into the Aging In-8
489+frastructure Account established by section 9603(d)(1) of 9
490+the Omnibus Public Land Management Act of 2009, as 10
491+amended (43 U.S.C. 510b(d)(1)): Provided further, That 11
492+such transfers, except for the transfer authorized by the 12
493+preceding proviso, may be increased or decreased within 13
494+the overall appropriation under this heading: Provided fur-14
495+ther, That of the total appropriated, the amount for pro-15
496+gram activities that can be financed by the Reclamation 16
497+Fund, the Water Storage Enhancement Receipts account 17
498+established by section 4011(e) of Public Law 114–322, or 18
499+the Bureau of Reclamation special fee account established 19
500+by 16 U.S.C. 6806 shall be derived from that Fund or 20
501+account: Provided further, That funds contributed under 21
502+43 U.S.C. 395 are available until expended for the pur-22
503+poses for which the funds were contributed: Provided fur-23
504+ther, That funds advanced under 43 U.S.C. 397a shall be 24
505+credited to this account and are available until expended 25
506+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
507+kjohnson on DSK79L0C42PROD with BILLS 19
508+•HR 4394 RH
509+for the same purposes as the sums appropriated under this 1
510+heading: Provided further, That of the amounts made 2
511+available under this heading, $5,500,000 shall be depos-3
512+ited in the San Gabriel Basin Restoration Fund estab-4
513+lished by section 110 of title I of division B of appendix 5
514+D of Public Law 106–554: Provided further, That of the 6
515+amounts provided herein, funds may be used for high-pri-7
516+ority projects which shall be carried out by the Youth Con-8
517+servation Corps, as authorized by 16 U.S.C. 1706: Pro-9
518+vided further, That within available funds, $250,000 shall 10
519+be for grants and financial assistance for educational ac-11
520+tivities: Provided further, That in accordance with section 12
521+4007 of Public Law 114–322 and as recommended by the 13
522+Secretary in letters dated February 13, 2019, June 22, 14
523+2020, and December 3, 2020, funding provided for such 15
524+purpose in this and prior fiscal years shall be made avail-16
525+able to the Shasta Dam and Reservoir Enlargement 17
526+Project. 18
527+CENTRAL VALLEY PROJECT RESTORATION FUND 19
528+For carrying out the programs, projects, plans, habi-20
529+tat restoration, improvement, and acquisition provisions of 21
530+the Central Valley Project Improvement Act, such sums 22
531+as may be collected in fiscal year 2024 in the Central Val-23
532+ley Project Restoration Fund pursuant to sections 24
533+3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 25
534+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
535+kjohnson on DSK79L0C42PROD with BILLS 20
536+•HR 4394 RH
537+to remain available until expended: Provided, That the Bu-1
538+reau of Reclamation is directed to assess and collect the 2
539+full amount of the additional mitigation and restoration 3
540+payments authorized by section 3407(d) of Public Law 4
541+102–575: Provided further, That none of the funds made 5
542+available under this heading may be used for the acquisi-6
543+tion or leasing of water for in-stream purposes if the water 7
544+is already committed to in-stream purposes by a court 8
545+adopted decree or order. 9
546+CALIFORNIA BAY-DELTA RESTORATION 10
547+(INCLUDING TRANSFERS OF FUNDS) 11
548+For carrying out activities authorized by the Water 12
549+Supply, Reliability, and Environmental Improvement Act, 13
550+consistent with plans to be approved by the Secretary of 14
551+the Interior, $33,000,000, to remain available until ex-15
552+pended, of which such amounts as may be necessary to 16
553+carry out such activities may be transferred to appropriate 17
554+accounts of other participating Federal agencies to carry 18
555+out authorized purposes: Provided, That funds appro-19
556+priated herein may be used for the Federal share of the 20
557+costs of Calfed Program management: Provided further, 21
558+That Calfed implementation shall be carried out in a bal-22
559+anced manner with clear performance measures dem-23
560+onstrating concurrent progress in achieving the goals and 24
561+objectives of the Program. 25
562+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
563+kjohnson on DSK79L0C42PROD with BILLS 21
564+•HR 4394 RH
565+POLICY AND ADMINISTRATION 1
566+For expenses necessary for policy, administration, 2
567+and related functions in the Office of the Commissioner, 3
568+the Denver office, and offices in the six regions of the Bu-4
569+reau of Reclamation, to remain available until September 5
570+30, 2025, $65,079,000, to be derived from the Reclama-6
571+tion Fund and be nonreimbursable as provided in 43 7
572+U.S.C. 377, of which not to exceed $5,000 may be used 8
573+for official reception and representation expenses: Pro-9
574+vided, That no part of any other appropriation in this Act 10
575+shall be available for activities or functions budgeted as 11
576+policy and administration expenses. 12
577+ADMINISTRATIVE PROVISION 13
578+Appropriations for the Bureau of Reclamation shall 14
579+be available for purchase and replacement of not to exceed 15
580+30 motor vehicles, which are for replacement only. 16
581+GENERAL PROVISIONS—DEPARTMENT OF THE 17
582+INTERIOR 18
583+S
584+EC. 201. (a) None of the funds provided in title II 19
585+of this Act for Water and Related Resources, or provided 20
586+by previous or subsequent appropriations Acts to the agen-21
587+cies or entities funded in title II of this Act for Water 22
588+and Related Resources that remain available for obligation 23
589+or expenditure in fiscal year 2024, shall be available for 24
590+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
591+kjohnson on DSK79L0C42PROD with BILLS 22
592+•HR 4394 RH
593+obligation or expenditure through a reprogramming of 1
594+funds that— 2
595+(1) initiates or creates a new program, project, 3
596+or activity; 4
597+(2) eliminates a program, project, or activity; 5
598+(3) increases funds for any program, project, or 6
599+activity for which funds have been denied or re-7
600+stricted by this Act, unless prior approval is received 8
601+from the Committees on Appropriations of both 9
602+Houses of Congress; 10
603+(4) restarts or resumes any program, project or 11
604+activity for which funds are not provided in this Act, 12
605+unless prior approval is received from the Commit-13
606+tees on Appropriations of both Houses of Congress; 14
607+(5) transfers funds in excess of the following 15
608+limits, unless prior approval is received from the 16
609+Committees on Appropriations of both Houses of 17
610+Congress: 18
611+(A) 15 percent for any program, project or 19
612+activity for which $2,000,000 or more is avail-20
613+able at the beginning of the fiscal year; or 21
614+(B) $400,000 for any program, project or 22
615+activity for which less than $2,000,000 is avail-23
616+able at the beginning of the fiscal year; 24
617+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
618+kjohnson on DSK79L0C42PROD with BILLS 23
619+•HR 4394 RH
623620 (6) transfers more than $500,000 from either 1
624621 the Facilities Operation, Maintenance, and Rehabili-2
625622 tation category or the Resources Management and 3
626623 Development category to any program, project, or 4
627624 activity in the other category, unless prior approval 5
628625 is received from the Committees on Appropriations 6
629626 of both Houses of Congress; or 7
630627 (7) transfers, where necessary to discharge legal 8
631628 obligations of the Bureau of Reclamation, more than 9
632629 $5,000,000 to provide adequate funds for settled 10
633630 contractor claims, increased contractor earnings due 11
634631 to accelerated rates of operations, and real estate de-12
635632 ficiency judgments, unless prior approval is received 13
636633 from the Committees on Appropriations of both 14
637634 Houses of Congress. 15
638635 (b) Subsection (a)(5) shall not apply to any transfer 16
639636 of funds within the Facilities Operation, Maintenance, and 17
640637 Rehabilitation category. 18
641638 (c) For purposes of this section, the term ‘‘transfer’’ 19
642639 means any movement of funds into or out of a program, 20
643640 project, or activity. 21
644641 (d) Except as provided in subsections (a) and (b), the 22
645642 amounts made available in this title under the heading 23
646643 ‘‘Bureau of Reclamation—Water and Related Resources’’ 24
647644 shall be expended for the programs, projects, and activities 25
648-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
649-kjohnson on DSK7ZCZBW3PROD with $$_JOB 24
650-HR 4394 PCS
645+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
646+kjohnson on DSK79L0C42PROD with BILLS 24
647+•HR 4394 RH
651648 specified in the ‘‘House Recommended’’ columns in the 1
652649 ‘‘Water and Related Resources’’ table included under the 2
653650 heading ‘‘Title II—Department of the Interior’’ in the re-3
654651 port accompanying this Act. 4
655652 (e) The Bureau of Reclamation shall submit reports 5
656653 on a quarterly basis to the Committees on Appropriations 6
657654 of both Houses of Congress detailing all the funds repro-7
658655 grammed between programs, projects, activities, or cat-8
659656 egories of funding. The first quarterly report shall be sub-9
660657 mitted not later than 60 days after the date of enactment 10
661658 of this Act. 11
662659 S
663660 EC. 202. (a) None of the funds appropriated or oth-12
664661 erwise made available by this Act may be used to deter-13
665662 mine the final point of discharge for the interceptor drain 14
666663 for the San Luis Unit until development by the Secretary 15
667664 of the Interior and the State of California of a plan, which 16
668665 shall conform to the water quality standards of the State 17
669666 of California as approved by the Administrator of the En-18
670667 vironmental Protection Agency, to minimize any detri-19
671668 mental effect of the San Luis drainage waters. 20
672669 (b) The costs of the Kesterson Reservoir Cleanup 21
673670 Program and the costs of the San Joaquin Valley Drain-22
674671 age Program shall be classified by the Secretary of the 23
675672 Interior as reimbursable or nonreimbursable and collected 24
676673 until fully repaid pursuant to the ‘‘Cleanup Program— 25
677-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
678-kjohnson on DSK7ZCZBW3PROD with $$_JOB 25
679-HR 4394 PCS
674+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
675+kjohnson on DSK79L0C42PROD with BILLS 25
676+•HR 4394 RH
680677 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-1
681678 native Repayment Plan’’ described in the report entitled 2
682679 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-3
683680 gram and San Joaquin Valley Drainage Program, Feb-4
684681 ruary 1995’’, prepared by the Department of the Interior, 5
685682 Bureau of Reclamation. Any future obligations of funds 6
686683 by the United States relating to, or providing for, drainage 7
687684 service or drainage studies for the San Luis Unit shall 8
688685 be fully reimbursable by San Luis Unit beneficiaries of 9
689686 such service or studies pursuant to Federal reclamation 10
690687 law. 11
691688 TITLE III 12
692689 DEPARTMENT OF ENERGY 13
693690 ENERGY PROGRAMS 14
694691 E
695692 NERGYEFFICIENCY ANDRENEWABLEENERGY 15
696693 For Department of Energy expenses including the 16
697694 purchase, construction, and acquisition of plant and cap-17
698695 ital equipment, and other expenses necessary for energy 18
699696 efficiency and renewable energy activities in carrying out 19
700697 the purposes of the Department of Energy Organization 20
701698 Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
702699 condemnation of any real property or any facility or for 22
703700 plant or facility acquisition, construction, or expansion, 23
704-$2,994,000,000 (reduced by $1,000,000,000), to remain 24
705-available until expended: Provided, That of such amount, 25
706-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
707-kjohnson on DSK7ZCZBW3PROD with $$_JOB 26
708-HR 4394 PCS
709-$223,000,000 shall be available until September 30, 2025, 1
710-for program direction. 2
701+$2,994,000,000, to remain available until expended: Pro-24
702+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
703+kjohnson on DSK79L0C42PROD with BILLS 26
704+•HR 4394 RH
705+vided, That of such amount, $223,000,000 shall be avail-1
706+able until September 30, 2025, for program direction. 2
711707 C
712708 YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 3
713709 R
714710 ESPONSE 4
715711 For Department of Energy expenses including the 5
716712 purchase, construction, and acquisition of plant and cap-6
717713 ital equipment, and other expenses necessary for energy 7
718714 sector cybersecurity, energy security, and emergency re-8
719715 sponse activities in carrying out the purposes of the De-9
720716 partment of Energy Organization Act (42 U.S.C. 7101 et 10
721717 seq.), including the acquisition or condemnation of any 11
722718 real property or any facility or for plant or facility acquisi-12
723-tion, construction, or expansion, $200,000,000 (increased 13
724-by $5,000,000) (reduced by $5,000,000) (reduced by 14
725-$7,000,000) (increased by $7,000,000), to remain avail-15
726-able until expended: Provided, That of such amount, 16
727-$25,143,000 shall be available until September 30, 2025, 17
728-for program direction. 18
719+tion, construction, or expansion, $200,000,000, to remain 13
720+available until expended: Provided, That of such amount, 14
721+$25,143,000 shall be available until September 30, 2025, 15
722+for program direction. 16
729723 E
730-LECTRICITY 19
731-For Department of Energy expenses including the 20
732-purchase, construction, and acquisition of plant and cap-21
733-ital equipment, and other expenses necessary for elec-22
734-tricity activities in carrying out the purposes of the De-23
735-partment of Energy Organization Act (42 U.S.C. 7101 et 24
736-seq.), including the acquisition or condemnation of any 25
737-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
738-kjohnson on DSK7ZCZBW3PROD with $$_JOB 27
739-HR 4394 PCS
740-real property or any facility or for plant or facility acquisi-1
741-tion, construction, or expansion, $315,600,000, to remain 2
742-available until expended: Provided, That of such amount, 3
743-$23,000,000 shall be available until September 30, 2025, 4
744-for program direction. 5
724+LECTRICITY 17
725+For Department of Energy expenses including the 18
726+purchase, construction, and acquisition of plant and cap-19
727+ital equipment, and other expenses necessary for elec-20
728+tricity activities in carrying out the purposes of the De-21
729+partment of Energy Organization Act (42 U.S.C. 7101 et 22
730+seq.), including the acquisition or condemnation of any 23
731+real property or any facility or for plant or facility acquisi-24
732+tion, construction, or expansion, $315,600,000, to remain 25
733+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
734+kjohnson on DSK79L0C42PROD with BILLS 27
735+•HR 4394 RH
736+available until expended: Provided, That of such amount, 1
737+$23,000,000 shall be available until September 30, 2025, 2
738+for program direction. 3
745739 N
746-UCLEARENERGY 6
747-For Department of Energy expenses including the 7
748-purchase, construction, and acquisition of plant and cap-8
749-ital equipment, and other expenses necessary for nuclear 9
750-energy activities in carrying out the purposes of the De-10
751-partment of Energy Organization Act (42 U.S.C. 7101 et 11
752-seq.), including the acquisition or condemnation of any 12
753-real property or any facility or for plant or facility acquisi-13
754-tion, construction, or expansion, $1,783,000,000, to re-14
755-main available until expended. Provided, That of such 15
756-amount, $85,500,000 shall be available until September 16
757-30, 2025, for program direction: Provided further, That 17
758-for the purpose of section 954(a)(6) of the Energy Policy 18
759-Act of 2005, as amended, the only amount available shall 19
760-be from the amount specified as including that purpose 20
761-in the ‘‘House Recommended’’ column in the ‘‘Department 21
762-of Energy’’ table included under the heading ‘‘Title III— 22
763-Department of Energy’’ in the report accompanying this 23
764-Act. 24
765-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
766-kjohnson on DSK7ZCZBW3PROD with $$_JOB 28
767-HR 4394 PCS
768-FOSSILENERGY ANDCARBONMANAGEMENT 1
769-For Department of Energy expenses necessary in car-2
770-rying out fossil energy and carbon management research 3
771-and development activities, under the authority of the De-4
772-partment of Energy Organization Act (42 U.S.C. 7101 et 5
773-seq.), including the acquisition of interest, including defea-6
774-sible and equitable interests in any real property or any 7
775-facility or for plant or facility acquisition or expansion, 8
776-and for conducting inquiries, technological investigations 9
777-and research concerning the extraction, processing, use, 10
778-and disposal of mineral substances without objectionable 11
779-social and environmental costs (30 U.S.C. 3, 1602, and 12
780-1603), $857,904,000, to remain available until expended: 13
781-Provided, That of such amount $70,000,000 shall be avail-14
782-able until September 30, 2025, for program direction. 15
740+UCLEARENERGY 4
741+For Department of Energy expenses including the 5
742+purchase, construction, and acquisition of plant and cap-6
743+ital equipment, and other expenses necessary for nuclear 7
744+energy activities in carrying out the purposes of the De-8
745+partment of Energy Organization Act (42 U.S.C. 7101 et 9
746+seq.), including the acquisition or condemnation of any 10
747+real property or any facility or for plant or facility acquisi-11
748+tion, construction, or expansion, $1,783,000,000, to re-12
749+main available until expended. Provided, That of such 13
750+amount, $85,500,000 shall be available until September 14
751+30, 2025, for program direction: Provided further, That 15
752+for the purpose of section 954(a)(6) of the Energy Policy 16
753+Act of 2005, as amended, the only amount available shall 17
754+be from the amount specified as including that purpose 18
755+in the ‘‘House Recommended’’ column in the ‘‘Department 19
756+of Energy’’ table included under the heading ‘‘Title III— 20
757+Department of Energy’’ in the report accompanying this 21
758+Act. 22
759+F
760+OSSILENERGY ANDCARBONMANAGEMENT 23
761+For Department of Energy expenses necessary in car-24
762+rying out fossil energy and carbon management research 25
763+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
764+kjohnson on DSK79L0C42PROD with BILLS 28
765+•HR 4394 RH
766+and development activities, under the authority of the De-1
767+partment of Energy Organization Act (42 U.S.C. 7101 et 2
768+seq.), including the acquisition of interest, including defea-3
769+sible and equitable interests in any real property or any 4
770+facility or for plant or facility acquisition or expansion, 5
771+and for conducting inquiries, technological investigations 6
772+and research concerning the extraction, processing, use, 7
773+and disposal of mineral substances without objectionable 8
774+social and environmental costs (30 U.S.C. 3, 1602, and 9
775+1603), $857,904,000, to remain available until expended: 10
776+Provided, That of such amount $70,000,000 shall be avail-11
777+able until September 30, 2025, for program direction. 12
783778 N
784-AVALPETROLEUM AND OILSHALERESERVES 16
785-For Department of Energy expenses necessary to 17
786-carry out naval petroleum and oil shale reserve activities, 18
787-$13,010,000, to remain available until expended: Pro-19
788-vided, That notwithstanding any other provision of law, 20
789-unobligated funds remaining from prior years shall be 21
790-available for all naval petroleum and oil shale reserve ac-22
791-tivities. 23
792-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
793-kjohnson on DSK7ZCZBW3PROD with $$_JOB 29
794-HR 4394 PCS
795-STRATEGICPETROLEUMRESERVE 1
796-For Department of Energy expenses necessary for 2
797-Strategic Petroleum Reserve facility development and op-3
798-erations and program management activities pursuant to 4
799-the Energy Policy and Conservation Act (42 U.S.C. 6201 5
800-et seq.), $280,969,000, to remain available until expended. 6
779+AVALPETROLEUM AND OILSHALERESERVES 13
780+For Department of Energy expenses necessary to 14
781+carry out naval petroleum and oil shale reserve activities, 15
782+$13,010,000, to remain available until expended: Pro-16
783+vided, That notwithstanding any other provision of law, 17
784+unobligated funds remaining from prior years shall be 18
785+available for all naval petroleum and oil shale reserve ac-19
786+tivities. 20
787+S
788+TRATEGICPETROLEUMRESERVE 21
789+For Department of Energy expenses necessary for 22
790+Strategic Petroleum Reserve facility development and op-23
791+erations and program management activities pursuant to 24
792+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
793+kjohnson on DSK79L0C42PROD with BILLS 29
794+•HR 4394 RH
795+the Energy Policy and Conservation Act (42 U.S.C. 6201 1
796+et seq.), $280,969,000, to remain available until expended. 2
801797 N
802-ORTHEASTHOMEHEATINGOILRESERVE 7
803-For Department of Energy expenses necessary for 8
804-Northeast Home Heating Oil Reserve storage, operation, 9
805-and management activities pursuant to the Energy Policy 10
806-and Conservation Act (42 U.S.C. 6201 et seq.), 11
807-$7,150,000, to remain available until expended. 12
798+ORTHEASTHOMEHEATINGOILRESERVE 3
799+For Department of Energy expenses necessary for 4
800+Northeast Home Heating Oil Reserve storage, operation, 5
801+and management activities pursuant to the Energy Policy 6
802+and Conservation Act (42 U.S.C. 6201 et seq.), 7
803+$7,150,000, to remain available until expended. 8
808804 E
809-NERGYINFORMATIONADMINISTRATION 13
810-For Department of Energy expenses necessary in car-14
811-rying out the activities of the Energy Information Admin-15
812-istration, $135,000,000, to remain available until ex-16
813-pended. 17
805+NERGYINFORMATIONADMINISTRATION 9
806+For Department of Energy expenses necessary in car-10
807+rying out the activities of the Energy Information Admin-11
808+istration, $135,000,000, to remain available until ex-12
809+pended. 13
814810 N
815-ON-DEFENSEENVIRONMENTAL CLEANUP 18
816-For Department of Energy expenses, including the 19
817-purchase, construction, and acquisition of plant and cap-20
818-ital equipment and other expenses necessary for non-de-21
819-fense environmental cleanup activities in carrying out the 22
820-purposes of the Department of Energy Organization Act 23
821-(42 U.S.C. 7101 et seq.), including the acquisition or con-24
822-demnation of any real property or any facility or for plant 25
823-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
824-kjohnson on DSK7ZCZBW3PROD with $$_JOB 30
825-HR 4394 PCS
826-or facility acquisition, construction, or expansion, 1
827-$341,700,000, to remain available until expended: Pro-2
828-vided, That in addition, fees collected pursuant to sub-3
829-section (b)(1) of section 6939f of title 42, United States 4
830-Code, and deposited under this heading in fiscal year 2024 5
831-pursuant to section 309 of title III of division C of Public 6
832-Law 116–94 are appropriated, to remain available until 7
833-expended, for mercury storage costs. 8
811+ON-DEFENSEENVIRONMENTAL CLEANUP 14
812+For Department of Energy expenses, including the 15
813+purchase, construction, and acquisition of plant and cap-16
814+ital equipment and other expenses necessary for non-de-17
815+fense environmental cleanup activities in carrying out the 18
816+purposes of the Department of Energy Organization Act 19
817+(42 U.S.C. 7101 et seq.), including the acquisition or con-20
818+demnation of any real property or any facility or for plant 21
819+or facility acquisition, construction, or expansion, 22
820+$341,700,000, to remain available until expended: Pro-23
821+vided, That in addition, fees collected pursuant to sub-24
822+section (b)(1) of section 6939f of title 42, United States 25
823+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
824+kjohnson on DSK79L0C42PROD with BILLS 30
825+•HR 4394 RH
826+Code, and deposited under this heading in fiscal year 2024 1
827+pursuant to section 309 of title III of division C of Public 2
828+Law 116–94 are appropriated, to remain available until 3
829+expended, for mercury storage costs. 4
834830 U
835-RANIUMENRICHMENTDECONTAMINATION AND 9
831+RANIUMENRICHMENTDECONTAMINATION AND 5
836832 D
837-ECOMMISSIONINGFUND 10
838-For Department of Energy expenses necessary in car-11
839-rying out uranium enrichment facility decontamination 12
840-and decommissioning, remedial actions, and other activi-13
841-ties of title II of the Atomic Energy Act of 1954, and 14
842-title X, subtitle A, of the Energy Policy Act of 1992, 15
843-$865,208,000, to be derived from the Uranium Enrich-16
844-ment Decontamination and Decommissioning Fund, to re-17
845-main available until expended, of which $10,000,000 shall 18
846-be available in accordance with title X, subtitle A, of the 19
847-Energy Policy Act of 1992. 20
848-S
849-CIENCE 21
850-For Department of Energy expenses including the 22
851-purchase, construction, and acquisition of plant and cap-23
852-ital equipment, and other expenses necessary for science 24
853-activities in carrying out the purposes of the Department 25
854-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
855-kjohnson on DSK7ZCZBW3PROD with $$_JOB 31
856-HR 4394 PCS
857-of Energy Organization Act (42 U.S.C. 7101 et seq.), in-1
858-cluding the acquisition or condemnation of any real prop-2
859-erty or any facility or for plant or facility acquisition, con-3
860-struction, or expansion, and purchase of not more than 4
861-35 passenger motor vehicles, $8,100,000,000, to remain 5
862-available until expended: Provided, That of such amount, 6
863-$211,211,000 shall be available until September 30, 2025, 7
864-for program direction. 8
833+ECOMMISSIONINGFUND 6
834+For Department of Energy expenses necessary in car-7
835+rying out uranium enrichment facility decontamination 8
836+and decommissioning, remedial actions, and other activi-9
837+ties of title II of the Atomic Energy Act of 1954, and 10
838+title X, subtitle A, of the Energy Policy Act of 1992, 11
839+$865,208,000, to be derived from the Uranium Enrich-12
840+ment Decontamination and Decommissioning Fund, to re-13
841+main available until expended, of which $10,000,000 shall 14
842+be available in accordance with title X, subtitle A, of the 15
843+Energy Policy Act of 1992. 16
844+S
845+CIENCE 17
846+For Department of Energy expenses including the 18
847+purchase, construction, and acquisition of plant and cap-19
848+ital equipment, and other expenses necessary for science 20
849+activities in carrying out the purposes of the Department 21
850+of Energy Organization Act (42 U.S.C. 7101 et seq.), in-22
851+cluding the acquisition or condemnation of any real prop-23
852+erty or any facility or for plant or facility acquisition, con-24
853+struction, or expansion, and purchase of not more than 25
854+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
855+kjohnson on DSK79L0C42PROD with BILLS 31
856+•HR 4394 RH
857+35 passenger motor vehicles, $8,100,000,000, to remain 1
858+available until expended: Provided, That of such amount, 2
859+$211,211,000 shall be available until September 30, 2025, 3
860+for program direction. 4
865861 N
866-UCLEARWASTEDISPOSAL 9
867-For Department of Energy expenses necessary for 10
868-nuclear waste disposal activities to carry out the purposes 11
869-of the Nuclear Waste Policy Act of 1982, Public Law 97– 12
870-425, as amended, $12,040,000, to remain available until 13
871-expended, which shall be derived from the Nuclear Waste 14
872-Fund. 15
862+UCLEARWASTEDISPOSAL 5
863+For Department of Energy expenses necessary for 6
864+nuclear waste disposal activities to carry out the purposes 7
865+of the Nuclear Waste Policy Act of 1982, Public Law 97– 8
866+425, as amended, $12,040,000, to remain available until 9
867+expended, which shall be derived from the Nuclear Waste 10
868+Fund. 11
873869 T
874-ECHNOLOGYTRANSITIONS 16
875-For Department of Energy expenses necessary for 17
876-carrying out the activities of technology transitions, 18
877-$22,098,000, to remain available until expended: Pro-19
878-vided, That of such amount, $13,183,000 shall be avail-20
879-able until September 30, 2025, for program direction. 21
870+ECHNOLOGYTRANSITIONS 12
871+For Department of Energy expenses necessary for 13
872+carrying out the activities of technology transitions, 14
873+$22,098,000, to remain available until expended: Pro-15
874+vided, That of such amount, $13,183,000 shall be avail-16
875+able until September 30, 2025, for program direction. 17
880876 C
881-LEANENERGYDEMONSTRATIONS 22
882-For Department of Energy expenses necessary to 23
883-carry out program direction of the Office of Clean Energy 24
884-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
885-kjohnson on DSK7ZCZBW3PROD with $$_JOB 32
886-HR 4394 PCS
887-Demonstrations, $35,000,000, to remain available until 1
888-September 30, 2025. 2
877+LEANENERGYDEMONSTRATIONS 18
878+For Department of Energy expenses necessary to 19
879+carry out program direction of the Office of Clean Energy 20
880+Demonstrations, $35,000,000, to remain available until 21
881+September 30, 2025. 22
889882 A
890-DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 3
891-For Department of Energy expenses necessary in car-4
892-rying out the activities authorized by section 5012 of the 5
893-America COMPETES Act (Public Law 110–69), 6
894-$470,000,000, to remain available until expended: Pro-7
895-vided, That of such amount, $37,000,000 shall be avail-8
896-able until September 30, 2025, for program direction. 9
883+DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 23
884+For Department of Energy expenses necessary in car-24
885+rying out the activities authorized by section 5012 of the 25
886+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
887+kjohnson on DSK79L0C42PROD with BILLS 32
888+•HR 4394 RH
889+America COMPETES Act (Public Law 110–69), 1
890+$470,000,000, to remain available until expended: Pro-2
891+vided, That of such amount, $37,000,000 shall be avail-3
892+able until September 30, 2025, for program direction. 4
897893 T
898-ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 10
894+ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 5
899895 P
900-ROGRAM 11
901-Such sums as are derived from amounts received 12
902-from borrowers pursuant to section 1702(b) of the Energy 13
903-Policy Act of 2005 under this heading in prior Acts, shall 14
904-be collected in accordance with section 502(7) of the Con-15
905-gressional Budget Act of 1974: Provided, That for nec-16
906-essary administrative expenses of the Title 17 Innovative 17
907-Technology Loan Guarantee Program, as authorized, 18
908-$70,000,000 (reduced by $3,000,000) (increased by 19
909-$3,000,000) is appropriated, to remain available until 20
910-September 30, 2025: Provided further, That up to 21
911-$70,000,000 of fees collected in fiscal year 2024 pursuant 22
912-to section 1702(h) of the Energy Policy Act of 2005 shall 23
913-be credited as offsetting collections under this heading and 24
914-used for necessary administrative expenses in this appro-25
915-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
916-kjohnson on DSK7ZCZBW3PROD with $$_JOB 33
917-HR 4394 PCS
918-priation and shall remain available until September 30, 1
919-2025: Provided further, That to the extent that fees col-2
920-lected in fiscal year 2024 exceed $70,000,000, those ex-3
921-cess amounts shall be credited as offsetting collections 4
922-under this heading and available in future fiscal years only 5
923-to the extent provided in advance in appropriations Acts: 6
924-Provided further, That the sum herein appropriated from 7
925-the general fund shall be reduced (1) as such fees are re-8
926-ceived during fiscal year 2024 (estimated at $70,000,000) 9
927-and (2) to the extent that any remaining general fund ap-10
928-propriations can be derived from fees collected in previous 11
929-fiscal years that are not otherwise appropriated, so as to 12
930-result in a final fiscal year 2024 appropriation from the 13
931-general fund estimated at $0: Provided further, That the 14
932-Department of Energy shall not subordinate any loan obli-15
933-gation to other financing in violation of section 1702 of 16
934-the Energy Policy Act of 2005 or subordinate any Guaran-17
935-teed Obligation to any loan or other debt obligations in 18
936-violation of section 609.10 of title 10, Code of Federal 19
937-Regulations. 20
896+ROGRAM 6
897+Such sums as are derived from amounts received 7
898+from borrowers pursuant to section 1702(b) of the Energy 8
899+Policy Act of 2005 under this heading in prior Acts, shall 9
900+be collected in accordance with section 502(7) of the Con-10
901+gressional Budget Act of 1974: Provided, That for nec-11
902+essary administrative expenses of the Title 17 Innovative 12
903+Technology Loan Guarantee Program, as authorized, 13
904+$70,000,000 is appropriated, to remain available until 14
905+September 30, 2025: Provided further, That up to 15
906+$70,000,000 of fees collected in fiscal year 2024 pursuant 16
907+to section 1702(h) of the Energy Policy Act of 2005 shall 17
908+be credited as offsetting collections under this heading and 18
909+used for necessary administrative expenses in this appro-19
910+priation and shall remain available until September 30, 20
911+2025: Provided further, That to the extent that fees col-21
912+lected in fiscal year 2024 exceed $70,000,000, those ex-22
913+cess amounts shall be credited as offsetting collections 23
914+under this heading and available in future fiscal years only 24
915+to the extent provided in advance in appropriations Acts: 25
916+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
917+kjohnson on DSK79L0C42PROD with BILLS 33
918+•HR 4394 RH
919+Provided further, That the sum herein appropriated from 1
920+the general fund shall be reduced (1) as such fees are re-2
921+ceived during fiscal year 2024 (estimated at $70,000,000) 3
922+and (2) to the extent that any remaining general fund ap-4
923+propriations can be derived from fees collected in previous 5
924+fiscal years that are not otherwise appropriated, so as to 6
925+result in a final fiscal year 2024 appropriation from the 7
926+general fund estimated at $0: Provided further, That the 8
927+Department of Energy shall not subordinate any loan obli-9
928+gation to other financing in violation of section 1702 of 10
929+the Energy Policy Act of 2005 or subordinate any Guaran-11
930+teed Obligation to any loan or other debt obligations in 12
931+violation of section 609.10 of title 10, Code of Federal 13
932+Regulations. 14
938933 A
939-DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 21
934+DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 15
940935 L
941-OANPROGRAM 22
942-For Department of Energy administrative expenses 23
943-necessary in carrying out the Advanced Technology Vehi-24
944-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
945-kjohnson on DSK7ZCZBW3PROD with $$_JOB 34
946-HR 4394 PCS
947-cles Manufacturing Loan Program, $13,000,000, to re-1
948-main available until September 30, 2025. 2
936+OANPROGRAM 16
937+For Department of Energy administrative expenses 17
938+necessary in carrying out the Advanced Technology Vehi-18
939+cles Manufacturing Loan Program, $13,000,000, to re-19
940+main available until September 30, 2025. 20
949941 T
950-RIBALENERGYLOANGUARANTEEPROGRAM 3
951-For Department of Energy administrative expenses 4
952-necessary in carrying out the Tribal Energy Loan Guar-5
953-antee Program, $6,300,000, to remain available until Sep-6
954-tember 30, 2025. 7
955-I
956-NDIANENERGYPOLICY ANDPROGRAMS 8
957-For necessary expenses for Indian Energy activities 9
958-in carrying out the purposes of the Department of Energy 10
959-Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 11
960-to remain available until expended: Provided, That of the 12
961-amount appropriated under this heading, $14,000,000 13
962-shall be available until September 30, 2025, for program 14
963-direction. 15
942+RIBALENERGYLOANGUARANTEEPROGRAM 21
943+For Department of Energy administrative expenses 22
944+necessary in carrying out the Tribal Energy Loan Guar-23
945+antee Program, $6,300,000, to remain available until Sep-24
946+tember 30, 2025. 25
947+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
948+kjohnson on DSK79L0C42PROD with BILLS 34
949+•HR 4394 RH
950+INDIANENERGYPOLICY ANDPROGRAMS 1
951+For necessary expenses for Indian Energy activities 2
952+in carrying out the purposes of the Department of Energy 3
953+Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 4
954+to remain available until expended: Provided, That of the 5
955+amount appropriated under this heading, $14,000,000 6
956+shall be available until September 30, 2025, for program 7
957+direction. 8
964958 D
965-EPARTMENTAL ADMINISTRATION 16
966-For salaries and expenses of the Department of En-17
967-ergy necessary for departmental administration in car-18
968-rying out the purposes of the Department of Energy Orga-19
969-nization Act (42 U.S.C. 7101 et seq.), $383,578,000 (re-20
970-duced by $2,000,000) (reduced by $4,000,000) (reduced 21
971-by $500,000) (reduced by $1,000,000), to remain avail-22
972-able until September 30, 2025, including the hire of pas-23
973-senger motor vehicles and official reception and represen-24
974-tation expenses not to exceed $30,000, plus such addi-25
975-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
976-kjohnson on DSK7ZCZBW3PROD with $$_JOB 35
977-HR 4394 PCS
978-tional amounts as necessary to cover increases in the esti-1
979-mated amount of cost of work for others notwithstanding 2
980-the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 3
981-et seq.): Provided, That such increases in cost of work are 4
982-offset by revenue increases of the same or greater amount: 5
983-Provided further, That moneys received by the Department 6
984-for miscellaneous revenues estimated to total 7
985-$100,578,000 in fiscal year 2024 may be retained and 8
986-used for operating expenses within this account, as au-9
987-thorized by section 201 of Public Law 95–238, notwith-10
988-standing the provisions of 31 U.S.C. 3302: Provided fur-11
989-ther, That the sum herein appropriated shall be reduced 12
990-as collections are received during the fiscal year so as to 13
991-result in a final fiscal year 2024 appropriation from the 14
992-general fund estimated at not more than $283,000,000. 15
959+EPARTMENTAL ADMINISTRATION 9
960+For salaries and expenses of the Department of En-10
961+ergy necessary for departmental administration in car-11
962+rying out the purposes of the Department of Energy Orga-12
963+nization Act (42 U.S.C. 7101 et seq.), $383,578,000, to 13
964+remain available until September 30, 2025, including the 14
965+hire of passenger motor vehicles and official reception and 15
966+representation expenses not to exceed $30,000, plus such 16
967+additional amounts as necessary to cover increases in the 17
968+estimated amount of cost of work for others notwith-18
969+standing the provisions of the Anti-Deficiency Act (31 19
970+U.S.C. 1511 et seq.): Provided, That such increases in cost 20
971+of work are offset by revenue increases of the same or 21
972+greater amount: Provided further, That moneys received 22
973+by the Department for miscellaneous revenues estimated 23
974+to total $100,578,000 in fiscal year 2024 may be retained 24
975+and used for operating expenses within this account, as 25
976+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
977+kjohnson on DSK79L0C42PROD with BILLS 35
978+•HR 4394 RH
979+authorized by section 201 of Public Law 95–238, notwith-1
980+standing the provisions of 31 U.S.C. 3302: Provided fur-2
981+ther, That the sum herein appropriated shall be reduced 3
982+as collections are received during the fiscal year so as to 4
983+result in a final fiscal year 2024 appropriation from the 5
984+general fund estimated at not more than $283,000,000. 6
993985 O
994-FFICE OF THEINSPECTORGENERAL 16
995-For expenses necessary for the Office of the Inspector 17
996-General in carrying out the provisions of the Inspector 18
997-General Act of 1978, $92,000,000, to remain available 19
998-until September 30, 2025. 20
999-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1000-kjohnson on DSK7ZCZBW3PROD with $$_JOB 36
1001-HR 4394 PCS
1002-ATOMIC ENERGY DEFENSE ACTIVITIES 1
1003-NATIONAL NUCLEAR SECURITY 2
1004-ADMINISTRATION 3
986+FFICE OF THEINSPECTORGENERAL 7
987+For expenses necessary for the Office of the Inspector 8
988+General in carrying out the provisions of the Inspector 9
989+General Act of 1978, $92,000,000, to remain available 10
990+until September 30, 2025. 11
991+ATOMIC ENERGY DEFENSE ACTIVITIES 12
992+NATIONAL NUCLEAR SECURITY 13
993+ADMINISTRATION 14
1005994 W
1006-EAPONSACTIVITIES 4
1007-For Department of Energy expenses, including the 5
1008-purchase, construction, and acquisition of plant and cap-6
1009-ital equipment and other incidental expenses necessary for 7
1010-atomic energy defense weapons activities in carrying out 8
1011-the purposes of the Department of Energy Organization 9
1012-Act (42 U.S.C. 7101 et seq.), including the acquisition or 10
1013-condemnation of any real property or any facility or for 11
1014-plant or facility acquisition, construction, or expansion, 12
1015-$19,114,167,000 (increased by $3,000,000), to remain 13
1016-available until expended: Provided, That of such amount, 14
1017-$118,056,000 shall be available until September 30, 2025, 15
1018-for program direction. 16
995+EAPONSACTIVITIES 15
996+For Department of Energy expenses, including the 16
997+purchase, construction, and acquisition of plant and cap-17
998+ital equipment and other incidental expenses necessary for 18
999+atomic energy defense weapons activities in carrying out 19
1000+the purposes of the Department of Energy Organization 20
1001+Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
1002+condemnation of any real property or any facility or for 22
1003+plant or facility acquisition, construction, or expansion, 23
1004+$19,114,167,000, to remain available until expended: Pro-24
1005+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1006+kjohnson on DSK79L0C42PROD with BILLS 36
1007+•HR 4394 RH
1008+vided, That of such amount, $118,056,000 shall be avail-1
1009+able until September 30, 2025, for program direction. 2
10191010 D
1020-EFENSENUCLEARNONPROLIFERATION 17
1021-For Department of Energy expenses, including the 18
1022-purchase, construction, and acquisition of plant and cap-19
1023-ital equipment and other incidental expenses necessary for 20
1024-defense nuclear nonproliferation activities, in carrying out 21
1025-the purposes of the Department of Energy Organization 22
1026-Act (42 U.S.C. 7101 et seq.), including the acquisition or 23
1027-condemnation of any real property or any facility or for 24
1028-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1029-kjohnson on DSK7ZCZBW3PROD with $$_JOB 37
1030-HR 4394 PCS
1031-plant or facility acquisition, construction, or expansion, 1
1032-$2,380,037,000, to remain available until expended. 2
1033-N
1034-AVALREACTORS 3
1035-(INCLUDING TRANSFER OF FUNDS) 4
1036-For Department of Energy expenses necessary for 5
1037-naval reactors activities to carry out the Department of 6
1038-Energy Organization Act (42 U.S.C. 7101 et seq.), includ-7
1039-ing the acquisition (by purchase, condemnation, construc-8
1040-tion, or otherwise) of real property, plant, and capital 9
1041-equipment, facilities, and facility expansion, 10
1042-$1,946,049,000, to remain available until expended, of 11
1043-which $99,747,000 shall be transferred to ‘‘Department 12
1044-of Energy—Energy Programs—Nuclear Energy’’, for the 13
1045-Advanced Test Reactor: Provided, That of such amount, 14
1046-$61,540,000 shall be available until September 30, 2025, 15
1047-for program direction. 16
1048-F
1049-EDERALSALARIES ANDEXPENSES 17
1050-For expenses necessary for Federal Salaries and Ex-18
1051-penses in the National Nuclear Security Administration, 19
1052-$518,994,000 (reduced by $3,000,000), to remain avail-20
1053-able until September 30, 2025, including official reception 21
1054-and representation expenses not to exceed $17,000. 22
1055-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1056-kjohnson on DSK7ZCZBW3PROD with $$_JOB 38
1057-HR 4394 PCS
1058-ENVIRONMENTAL AND OTHER DEFENSE 1
1059-ACTIVITIES 2
1060-D
1061-EFENSEENVIRONMENTAL CLEANUP 3
1011+EFENSENUCLEARNONPROLIFERATION 3
10621012 For Department of Energy expenses, including the 4
10631013 purchase, construction, and acquisition of plant and cap-5
1064-ital equipment and other expenses necessary for atomic 6
1065-energy defense environmental cleanup activities in car-7
1066-rying out the purposes of the Department of Energy Orga-8
1067-nization Act (42 U.S.C. 7101 et seq.), including the acqui-9
1068-sition or condemnation of any real property or any facility 10
1069-or for plant or facility acquisition, construction, or expan-11
1070-sion, $7,073,556,000, to remain available until expended: 12
1071-Provided, That of such amount, $326,893,000 shall be 13
1072-available until September 30, 2025, for program direction. 14
1014+ital equipment and other incidental expenses necessary for 6
1015+defense nuclear nonproliferation activities, in carrying out 7
1016+the purposes of the Department of Energy Organization 8
1017+Act (42 U.S.C. 7101 et seq.), including the acquisition or 9
1018+condemnation of any real property or any facility or for 10
1019+plant or facility acquisition, construction, or expansion, 11
1020+$2,380,037,000, to remain available until expended. 12
1021+N
1022+AVALREACTORS 13
1023+(INCLUDING TRANSFER OF FUNDS) 14
1024+For Department of Energy expenses necessary for 15
1025+naval reactors activities to carry out the Department of 16
1026+Energy Organization Act (42 U.S.C. 7101 et seq.), includ-17
1027+ing the acquisition (by purchase, condemnation, construc-18
1028+tion, or otherwise) of real property, plant, and capital 19
1029+equipment, facilities, and facility expansion, 20
1030+$1,946,049,000, to remain available until expended, of 21
1031+which $99,747,000 shall be transferred to ‘‘Department 22
1032+of Energy—Energy Programs—Nuclear Energy’’, for the 23
1033+Advanced Test Reactor: Provided, That of such amount, 24
1034+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1035+kjohnson on DSK79L0C42PROD with BILLS 37
1036+•HR 4394 RH
1037+$61,540,000 shall be available until September 30, 2025, 1
1038+for program direction. 2
1039+F
1040+EDERALSALARIES ANDEXPENSES 3
1041+For expenses necessary for Federal Salaries and Ex-4
1042+penses in the National Nuclear Security Administration, 5
1043+$518,994,000, to remain available until September 30, 6
1044+2025, including official reception and representation ex-7
1045+penses not to exceed $17,000. 8
1046+ENVIRONMENTAL AND OTHER DEFENSE 9
1047+ACTIVITIES 10
1048+D
1049+EFENSEENVIRONMENTAL CLEANUP 11
1050+For Department of Energy expenses, including the 12
1051+purchase, construction, and acquisition of plant and cap-13
1052+ital equipment and other expenses necessary for atomic 14
1053+energy defense environmental cleanup activities in car-15
1054+rying out the purposes of the Department of Energy Orga-16
1055+nization Act (42 U.S.C. 7101 et seq.), including the acqui-17
1056+sition or condemnation of any real property or any facility 18
1057+or for plant or facility acquisition, construction, or expan-19
1058+sion, $7,073,556,000, to remain available until expended: 20
1059+Provided, That of such amount, $326,893,000 shall be 21
1060+available until September 30, 2025, for program direction. 22
10731061 O
1074-THERDEFENSEACTIVITIES 15
1075-For Department of Energy expenses, including the 16
1076-purchase, construction, and acquisition of plant and cap-17
1077-ital equipment and other expenses, necessary for atomic 18
1078-energy defense, other defense activities, and classified ac-19
1079-tivities, in carrying out the purposes of the Department 20
1080-of Energy Organization Act (42 U.S.C. 7101 et seq.), in-21
1081-cluding the acquisition or condemnation of any real prop-22
1082-erty or any facility or for plant or facility acquisition, con-23
1083-struction, or expansion, $1,075,197,000, to remain avail-24
1084-able until expended: Provided, That of such amount, 25
1085-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1086-kjohnson on DSK7ZCZBW3PROD with $$_JOB 39
1087-HR 4394 PCS
1088-$381,460,000 shall be available until September 30, 2025, 1
1089-for program direction. 2
1090-POWER MARKETING ADMINISTRATIONS 3
1062+THERDEFENSEACTIVITIES 23
1063+For Department of Energy expenses, including the 24
1064+purchase, construction, and acquisition of plant and cap-25
1065+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1066+kjohnson on DSK79L0C42PROD with BILLS 38
1067+•HR 4394 RH
1068+ital equipment and other expenses, necessary for atomic 1
1069+energy defense, other defense activities, and classified ac-2
1070+tivities, in carrying out the purposes of the Department 3
1071+of Energy Organization Act (42 U.S.C. 7101 et seq.), in-4
1072+cluding the acquisition or condemnation of any real prop-5
1073+erty or any facility or for plant or facility acquisition, con-6
1074+struction, or expansion, $1,075,197,000, to remain avail-7
1075+able until expended: Provided, That of such amount, 8
1076+$381,460,000 shall be available until September 30, 2025, 9
1077+for program direction. 10
1078+POWER MARKETING ADMINISTRATIONS 11
10911079 B
1092-ONNEVILLEPOWERADMINISTRATIONFUND 4
1093-Expenditures from the Bonneville Power Administra-5
1094-tion Fund, established pursuant to Public Law 93–454, 6
1095-are approved for official reception and representation ex-7
1096-penses in an amount not to exceed $5,000: Provided, That 8
1097-during fiscal year 2024, no new direct loan obligations 9
1098-may be made. 10
1080+ONNEVILLEPOWERADMINISTRATIONFUND 12
1081+Expenditures from the Bonneville Power Administra-13
1082+tion Fund, established pursuant to Public Law 93–454, 14
1083+are approved for official reception and representation ex-15
1084+penses in an amount not to exceed $5,000: Provided, That 16
1085+during fiscal year 2024, no new direct loan obligations 17
1086+may be made. 18
10991087 O
1100-PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 11
1088+PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 19
11011089 A
1102-DMINISTRATION 12
1103-For expenses necessary for operation and mainte-13
1104-nance of power transmission facilities and for marketing 14
1105-electric power and energy, including transmission wheeling 15
1106-and ancillary services, pursuant to section 5 of the Flood 16
1107-Control Act of 1944 (16 U.S.C. 825s), as applied to the 17
1108-southeastern power area, $8,449,000, including official re-18
1109-ception and representation expenses in an amount not to 19
1110-exceed $1,500, to remain available until expended: Pro-20
1111-vided, That notwithstanding 31 U.S.C. 3302 and section 21
1112-5 of the Flood Control Act of 1944, up to $8,449,000 col-22
1113-lected by the Southeastern Power Administration from the 23
1114-sale of power and related services shall be credited to this 24
1115-account as discretionary offsetting collections, to remain 25
1116-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1117-kjohnson on DSK7ZCZBW3PROD with $$_JOB 40
1118-HR 4394 PCS
1119-available until expended for the sole purpose of funding 1
1120-the annual expenses of the Southeastern Power Adminis-2
1121-tration: Provided further, That the sum herein appro-3
1122-priated for annual expenses shall be reduced as collections 4
1123-are received during the fiscal year so as to result in a final 5
1124-fiscal year 2024 appropriation estimated at not more than 6
1125-$0: Provided further, That notwithstanding 31 U.S.C. 7
1126-3302, up to $71,850,000 collected by the Southeastern 8
1127-Power Administration pursuant to the Flood Control Act 9
1128-of 1944 to recover purchase power and wheeling expenses 10
1129-shall be credited to this account as offsetting collections, 11
1130-to remain available until expended for the sole purpose 12
1131-of making purchase power and wheeling expenditures: 13
1132-Provided further, That for purposes of this appropriation, 14
1133-annual expenses means expenditures that are generally re-15
1134-covered in the same year that they are incurred (excluding 16
1135-purchase power and wheeling expenses). 17
1136-O
1137-PERATION ANDMAINTENANCE, SOUTHWESTERN 18
1090+DMINISTRATION 20
1091+For expenses necessary for operation and mainte-21
1092+nance of power transmission facilities and for marketing 22
1093+electric power and energy, including transmission wheeling 23
1094+and ancillary services, pursuant to section 5 of the Flood 24
1095+Control Act of 1944 (16 U.S.C. 825s), as applied to the 25
1096+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1097+kjohnson on DSK79L0C42PROD with BILLS 39
1098+•HR 4394 RH
1099+southeastern power area, $8,449,000, including official re-1
1100+ception and representation expenses in an amount not to 2
1101+exceed $1,500, to remain available until expended: Pro-3
1102+vided, That notwithstanding 31 U.S.C. 3302 and section 4
1103+5 of the Flood Control Act of 1944, up to $8,449,000 col-5
1104+lected by the Southeastern Power Administration from the 6
1105+sale of power and related services shall be credited to this 7
1106+account as discretionary offsetting collections, to remain 8
1107+available until expended for the sole purpose of funding 9
1108+the annual expenses of the Southeastern Power Adminis-10
1109+tration: Provided further, That the sum herein appro-11
1110+priated for annual expenses shall be reduced as collections 12
1111+are received during the fiscal year so as to result in a final 13
1112+fiscal year 2024 appropriation estimated at not more than 14
1113+$0: Provided further, That notwithstanding 31 U.S.C. 15
1114+3302, up to $71,850,000 collected by the Southeastern 16
1115+Power Administration pursuant to the Flood Control Act 17
1116+of 1944 to recover purchase power and wheeling expenses 18
1117+shall be credited to this account as offsetting collections, 19
1118+to remain available until expended for the sole purpose 20
1119+of making purchase power and wheeling expenditures: 21
1120+Provided further, That for purposes of this appropriation, 22
1121+annual expenses means expenditures that are generally re-23
1122+covered in the same year that they are incurred (excluding 24
1123+purchase power and wheeling expenses). 25
1124+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1125+kjohnson on DSK79L0C42PROD with BILLS 40
1126+•HR 4394 RH
1127+OPERATION ANDMAINTENANCE, SOUTHWESTERN 1
11381128 P
1139-OWERADMINISTRATION 19
1140-For expenses necessary for operation and mainte-20
1141-nance of power transmission facilities and for marketing 21
1142-electric power and energy, for construction and acquisition 22
1143-of transmission lines, substations and appurtenant facili-23
1144-ties, and for administrative expenses, including official re-24
1145-ception and representation expenses in an amount not to 25
1146-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1147-kjohnson on DSK7ZCZBW3PROD with $$_JOB 41
1148-HR 4394 PCS
1149-exceed $1,500 in carrying out section 5 of the Flood Con-1
1150-trol Act of 1944 (16 U.S.C. 825s), as applied to the 2
1151-Southwestern Power Administration, $52,326,000, to re-3
1152-main available until expended: Provided, That notwith-4
1153-standing 31 U.S.C. 3302 and section 5 of the Flood Con-5
1154-trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-6
1155-lected by the Southwestern Power Administration from 7
1156-the sale of power and related services shall be credited to 8
1157-this account as discretionary offsetting collections, to re-9
1158-main available until expended, for the sole purpose of 10
1159-funding the annual expenses of the Southwestern Power 11
1160-Administration: Provided further, That the sum herein ap-12
1161-propriated for annual expenses shall be reduced as collec-13
1162-tions are received during the fiscal year so as to result 14
1163-in a final fiscal year 2024 appropriation estimated at not 15
1164-more than $11,440,000: Provided further, That notwith-16
1165-standing 31 U.S.C. 3302, up to $80,000,000 collected by 17
1166-the Southwestern Power Administration pursuant to the 18
1167-Flood Control Act of 1944 to recover purchase power and 19
1168-wheeling expenses shall be credited to this account as off-20
1169-setting collections, to remain available until expended for 21
1170-the sole purpose of making purchase power and wheeling 22
1171-expenditures: Provided further, That for purposes of this 23
1172-appropriation, annual expenses means expenditures that 24
1173-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1174-kjohnson on DSK7ZCZBW3PROD with $$_JOB 42
1175-HR 4394 PCS
1176-are generally recovered in the same year that they are in-1
1177-curred (excluding purchase power and wheeling expenses). 2
1129+OWERADMINISTRATION 2
1130+For expenses necessary for operation and mainte-3
1131+nance of power transmission facilities and for marketing 4
1132+electric power and energy, for construction and acquisition 5
1133+of transmission lines, substations and appurtenant facili-6
1134+ties, and for administrative expenses, including official re-7
1135+ception and representation expenses in an amount not to 8
1136+exceed $1,500 in carrying out section 5 of the Flood Con-9
1137+trol Act of 1944 (16 U.S.C. 825s), as applied to the 10
1138+Southwestern Power Administration, $52,326,000, to re-11
1139+main available until expended: Provided, That notwith-12
1140+standing 31 U.S.C. 3302 and section 5 of the Flood Con-13
1141+trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-14
1142+lected by the Southwestern Power Administration from 15
1143+the sale of power and related services shall be credited to 16
1144+this account as discretionary offsetting collections, to re-17
1145+main available until expended, for the sole purpose of 18
1146+funding the annual expenses of the Southwestern Power 19
1147+Administration: Provided further, That the sum herein ap-20
1148+propriated for annual expenses shall be reduced as collec-21
1149+tions are received during the fiscal year so as to result 22
1150+in a final fiscal year 2024 appropriation estimated at not 23
1151+more than $11,440,000: Provided further, That notwith-24
1152+standing 31 U.S.C. 3302, up to $80,000,000 collected by 25
1153+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1154+kjohnson on DSK79L0C42PROD with BILLS 41
1155+•HR 4394 RH
1156+the Southwestern Power Administration pursuant to the 1
1157+Flood Control Act of 1944 to recover purchase power and 2
1158+wheeling expenses shall be credited to this account as off-3
1159+setting collections, to remain available until expended for 4
1160+the sole purpose of making purchase power and wheeling 5
1161+expenditures: Provided further, That for purposes of this 6
1162+appropriation, annual expenses means expenditures that 7
1163+are generally recovered in the same year that they are in-8
1164+curred (excluding purchase power and wheeling expenses). 9
11781165 C
1179-ONSTRUCTION, REHABILITATION, OPERATION AND 3
1166+ONSTRUCTION, REHABILITATION, OPERATION AND 10
11801167 M
1181-AINTENANCE, WESTERNAREAPOWERADMINIS-4
1182-TRATION 5
1183-For carrying out the functions authorized by title III, 6
1184-section 302(a)(1)(E) of the Act of August 4, 1977 (42 7
1185-U.S.C. 7152), and other related activities including con-8
1186-servation and renewable resources programs as author-9
1187-ized, $313,289,000, including official reception and rep-10
1188-resentation expenses in an amount not to exceed $1,500, 11
1189-to remain available until expended, of which $313,289,000 12
1190-shall be derived from the Department of the Interior Rec-13
1191-lamation Fund: Provided, That notwithstanding 31 U.S.C. 14
1192-3302, section 5 of the Flood Control Act of 1944 (16 15
1193-U.S.C. 825s), and section 1 of the Interior Department 16
1194-Appropriation Act, 1939 (43 U.S.C. 392a), up to 17
1195-$213,417,000 collected by the Western Area Power Ad-18
1196-ministration from the sale of power and related services 19
1197-shall be credited to this account as discretionary offsetting 20
1198-collections, to remain available until expended, for the sole 21
1199-purpose of funding the annual expenses of the Western 22
1200-Area Power Administration: Provided further, That the 23
1201-sum herein appropriated for annual expenses shall be re-24
1202-duced as collections are received during the fiscal year so 25
1203-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1204-kjohnson on DSK7ZCZBW3PROD with $$_JOB 43
1205-HR 4394 PCS
1206-as to result in a final fiscal year 2024 appropriation esti-1
1207-mated at not more than $99,872,000, of which 2
1208-$99,872,000 is derived from the Reclamation Fund: Pro-3
1209-vided further, That notwithstanding 31 U.S.C. 3302, up 4
1210-to $475,000,000 collected by the Western Area Power Ad-5
1211-ministration pursuant to the Flood Control Act of 1944 6
1212-and the Reclamation Project Act of 1939 to recover pur-7
1213-chase power and wheeling expenses shall be credited to 8
1214-this account as offsetting collections, to remain available 9
1215-until expended for the sole purpose of making purchase 10
1216-power and wheeling expenditures: Provided further, That 11
1217-for purposes of this appropriation, annual expenses means 12
1218-expenditures that are generally recovered in the same year 13
1219-that they are incurred (excluding purchase power and 14
1220-wheeling expenses). 15
1168+AINTENANCE, WESTERNAREAPOWERADMINIS-11
1169+TRATION 12
1170+For carrying out the functions authorized by title III, 13
1171+section 302(a)(1)(E) of the Act of August 4, 1977 (42 14
1172+U.S.C. 7152), and other related activities including con-15
1173+servation and renewable resources programs as author-16
1174+ized, $313,289,000, including official reception and rep-17
1175+resentation expenses in an amount not to exceed $1,500, 18
1176+to remain available until expended, of which $313,289,000 19
1177+shall be derived from the Department of the Interior Rec-20
1178+lamation Fund: Provided, That notwithstanding 31 U.S.C. 21
1179+3302, section 5 of the Flood Control Act of 1944 (16 22
1180+U.S.C. 825s), and section 1 of the Interior Department 23
1181+Appropriation Act, 1939 (43 U.S.C. 392a), up to 24
1182+$213,417,000 collected by the Western Area Power Ad-25
1183+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1184+kjohnson on DSK79L0C42PROD with BILLS 42
1185+•HR 4394 RH
1186+ministration from the sale of power and related services 1
1187+shall be credited to this account as discretionary offsetting 2
1188+collections, to remain available until expended, for the sole 3
1189+purpose of funding the annual expenses of the Western 4
1190+Area Power Administration: Provided further, That the 5
1191+sum herein appropriated for annual expenses shall be re-6
1192+duced as collections are received during the fiscal year so 7
1193+as to result in a final fiscal year 2024 appropriation esti-8
1194+mated at not more than $99,872,000, of which 9
1195+$99,872,000 is derived from the Reclamation Fund: Pro-10
1196+vided further, That notwithstanding 31 U.S.C. 3302, up 11
1197+to $475,000,000 collected by the Western Area Power Ad-12
1198+ministration pursuant to the Flood Control Act of 1944 13
1199+and the Reclamation Project Act of 1939 to recover pur-14
1200+chase power and wheeling expenses shall be credited to 15
1201+this account as offsetting collections, to remain available 16
1202+until expended for the sole purpose of making purchase 17
1203+power and wheeling expenditures: Provided further, That 18
1204+for purposes of this appropriation, annual expenses means 19
1205+expenditures that are generally recovered in the same year 20
1206+that they are incurred (excluding purchase power and 21
1207+wheeling expenses). 22
1208+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1209+kjohnson on DSK79L0C42PROD with BILLS 43
1210+•HR 4394 RH
1211+FALCON ANDAMISTADOPERATING ANDMAINTENANCE 1
12211212 F
1222-ALCON ANDAMISTADOPERATING ANDMAINTENANCE 16
1213+UND 2
1214+For operation, maintenance, and emergency costs for 3
1215+the hydroelectric facilities at the Falcon and Amistad 4
1216+Dams, $3,425,000, to remain available until expended, 5
1217+and to be derived from the Falcon and Amistad Operating 6
1218+and Maintenance Fund of the Western Area Power Ad-7
1219+ministration, as provided in section 2 of the Act of June 8
1220+18, 1954 (68 Stat. 255): Provided, That notwithstanding 9
1221+the provisions of that Act and of 31 U.S.C. 3302, up to 10
1222+$3,197,000 collected by the Western Area Power Adminis-11
1223+tration from the sale of power and related services from 12
1224+the Falcon and Amistad Dams shall be credited to this 13
1225+account as discretionary offsetting collections, to remain 14
1226+available until expended for the sole purpose of funding 15
1227+the annual expenses of the hydroelectric facilities of these 16
1228+Dams and associated Western Area Power Administration 17
1229+activities: Provided further, That the sum herein appro-18
1230+priated for annual expenses shall be reduced as collections 19
1231+are received during the fiscal year so as to result in a final 20
1232+fiscal year 2024 appropriation estimated at not more than 21
1233+$228,000: Provided further, That for purposes of this ap-22
1234+propriation, annual expenses means expenditures that are 23
1235+generally recovered in the same year that they are in-24
1236+curred: Provided further, That for fiscal year 2024, the 25
1237+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1238+kjohnson on DSK79L0C42PROD with BILLS 44
1239+•HR 4394 RH
1240+Administrator of the Western Area Power Administration 1
1241+may accept up to $1,872,000 in funds contributed by 2
1242+United States power customers of the Falcon and Amistad 3
1243+Dams for deposit into the Falcon and Amistad Operating 4
1244+and Maintenance Fund, and such funds shall be available 5
1245+for the purpose for which contributed in like manner as 6
1246+if said sums had been specifically appropriated for such 7
1247+purpose: Provided further, That any such funds shall be 8
1248+available without further appropriation and without fiscal 9
1249+year limitation for use by the Commissioner of the United 10
1250+States Section of the International Boundary and Water 11
1251+Commission for the sole purpose of operating, maintain-12
1252+ing, repairing, rehabilitating, replacing, or upgrading the 13
1253+hydroelectric facilities at these Dams in accordance with 14
1254+agreements reached between the Administrator, Commis-15
1255+sioner, and the power customers. 16
12231256 F
1224-UND 17
1225-For operation, maintenance, and emergency costs for 18
1226-the hydroelectric facilities at the Falcon and Amistad 19
1227-Dams, $3,425,000, to remain available until expended, 20
1228-and to be derived from the Falcon and Amistad Operating 21
1229-and Maintenance Fund of the Western Area Power Ad-22
1230-ministration, as provided in section 2 of the Act of June 23
1231-18, 1954 (68 Stat. 255): Provided, That notwithstanding 24
1232-the provisions of that Act and of 31 U.S.C. 3302, up to 25
1233-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1234-kjohnson on DSK7ZCZBW3PROD with $$_JOB 44
1235-HR 4394 PCS
1236-$3,197,000 collected by the Western Area Power Adminis-1
1237-tration from the sale of power and related services from 2
1238-the Falcon and Amistad Dams shall be credited to this 3
1239-account as discretionary offsetting collections, to remain 4
1240-available until expended for the sole purpose of funding 5
1241-the annual expenses of the hydroelectric facilities of these 6
1242-Dams and associated Western Area Power Administration 7
1243-activities: Provided further, That the sum herein appro-8
1244-priated for annual expenses shall be reduced as collections 9
1245-are received during the fiscal year so as to result in a final 10
1246-fiscal year 2024 appropriation estimated at not more than 11
1247-$228,000: Provided further, That for purposes of this ap-12
1248-propriation, annual expenses means expenditures that are 13
1249-generally recovered in the same year that they are in-14
1250-curred: Provided further, That for fiscal year 2024, the 15
1251-Administrator of the Western Area Power Administration 16
1252-may accept up to $1,872,000 in funds contributed by 17
1253-United States power customers of the Falcon and Amistad 18
1254-Dams for deposit into the Falcon and Amistad Operating 19
1255-and Maintenance Fund, and such funds shall be available 20
1256-for the purpose for which contributed in like manner as 21
1257-if said sums had been specifically appropriated for such 22
1258-purpose: Provided further, That any such funds shall be 23
1259-available without further appropriation and without fiscal 24
1260-year limitation for use by the Commissioner of the United 25
1261-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1262-kjohnson on DSK7ZCZBW3PROD with $$_JOB 45
1263-HR 4394 PCS
1264-States Section of the International Boundary and Water 1
1265-Commission for the sole purpose of operating, maintain-2
1266-ing, repairing, rehabilitating, replacing, or upgrading the 3
1267-hydroelectric facilities at these Dams in accordance with 4
1268-agreements reached between the Administrator, Commis-5
1269-sioner, and the power customers. 6
1270-F
1271-EDERALENERGYREGULATORYCOMMISSION 7
1272-SALARIES AND EXPENSES 8
1273-For expenses necessary for the Federal Energy Regu-9
1274-latory Commission to carry out the provisions of the De-10
1275-partment of Energy Organization Act (42 U.S.C. 7101 et 11
1276-seq.), including services as authorized by 5 U.S.C. 3109, 12
1277-official reception and representation expenses not to ex-13
1278-ceed $3,000, and the hire of passenger motor vehicles, 14
1279-$520,000,000, to remain available until expended: Pro-15
1280-vided, That notwithstanding any other provision of law, 16
1281-not to exceed $520,000,000 of revenues from fees and an-17
1282-nual charges, and other services and collections in fiscal 18
1283-year 2024 shall be retained and used for expenses nec-19
1284-essary in this account, and shall remain available until ex-20
1285-pended: Provided further, That the sum herein appro-21
1286-priated from the general fund shall be reduced as revenues 22
1287-are received during fiscal year 2024 so as to result in a 23
1288-final fiscal year 2024 appropriation from the general fund 24
1289-estimated at not more than $0. 25
1290-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1291-kjohnson on DSK7ZCZBW3PROD with $$_JOB 46
1292-HR 4394 PCS
1293-GENERAL PROVISIONS—DEPARTMENT OF 1
1294-ENERGY 2
1295-(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 3
1296-S
1297-EC. 301. (a) No appropriation, funds, or authority 4
1298-made available by this title for the Department of Energy 5
1299-shall be used to initiate or resume any program, project, 6
1300-or activity or to prepare or initiate Requests For Proposals 7
1301-or similar arrangements (including Requests for 8
1302-Quotations, Requests for Information, and Funding Op-9
1303-portunity Announcements) for a program, project, or ac-10
1304-tivity if the program, project, or activity has not been 11
1305-funded by Congress. 12
1306-(b)(1) Unless the Secretary of Energy notifies the 13
1307-Committees on Appropriations of both Houses of Congress 14
1308-at least 3 full business days in advance, none of the funds 15
1309-made available in this title may be used to— 16
1310-(A) make a grant allocation or discretionary 17
1311-grant award totaling $1,000,000 or more; 18
1312-(B) make a discretionary contract award or 19
1313-Other Transaction Agreement totaling $1,000,000 20
1314-or more, including a contract covered by the Federal 21
1315-Acquisition Regulation; 22
1316-(C) issue a letter of intent to make an alloca-23
1317-tion, award, or Agreement in excess of the limits in 24
1318-subparagraph (A) or (B); or 25
1319-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1320-kjohnson on DSK7ZCZBW3PROD with $$_JOB 47
1321-HR 4394 PCS
1322-(D) announce publicly the intention to make an 1
1323-allocation, award, or Agreement in excess of the lim-2
1324-its in subparagraph (A) or (B). 3
1325-(2) The Secretary of Energy shall submit to the Com-4
1326-mittees on Appropriations of both Houses of Congress 5
1327-within 15 days of the conclusion of each quarter a report 6
1328-detailing each grant allocation or discretionary grant 7
1329-award totaling less than $1,000,000 provided during the 8
1330-previous quarter. 9
1331-(3) The notification required by paragraph (1) and 10
1332-the report required by paragraph (2) shall include the re-11
1333-cipient of the award, the amount of the award, the fiscal 12
1334-year for which the funds for the award were appropriated, 13
1335-the account and program, project, or activity from which 14
1336-the funds are being drawn, the title of the award, and 15
1337-a brief description of the activity for which the award is 16
1338-made. 17
1339-(c) The Department of Energy may not, with respect 18
1340-to any program, project, or activity that uses budget au-19
1341-thority made available in this title under the heading ‘‘De-20
1342-partment of Energy—Energy Programs’’, enter into a 21
1343-multiyear contract, award a multiyear grant, or enter into 22
1344-a multiyear cooperative agreement unless— 23
1345-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1346-kjohnson on DSK7ZCZBW3PROD with $$_JOB 48
1347-HR 4394 PCS
1348-(1) the contract, grant, or cooperative agree-1
1349-ment is funded for the full period of performance as 2
1350-anticipated at the time of award; or 3
1351-(2) the contract, grant, or cooperative agree-4
1352-ment includes a clause conditioning the Federal Gov-5
1353-ernment’s obligation on the availability of future 6
1354-year budget authority and the Secretary notifies the 7
1355-Committees on Appropriations of both Houses of 8
1356-Congress at least 3 days in advance. 9
1357-(d) Except as provided in subsections (e), (f), and (g), 10
1358-the amounts made available by this title shall be expended 11
1359-as authorized by law for the programs, projects, and ac-12
1360-tivities specified in the ‘‘House Recommended’’ column in 13
1361-the ‘‘Department of Energy’’ table included under the 14
1362-heading ‘‘Title III—Department of Energy’’ in the report 15
1363-accompanying this Act. 16
1364-(e) The amounts made available by this title may be 17
1365-reprogrammed for any program, project, or activity, and 18
1366-the Department shall notify, and obtain the prior approval 19
1367-of, the Committees on Appropriations of both Houses of 20
1368-Congress at least 30 days prior to the use of any proposed 21
1369-reprogramming that would cause any program, project, or 22
1370-activity funding level to increase or decrease by more than 23
1371-$5,000,000 or 10 percent, whichever is less, during the 24
1372-time period covered by this Act. 25
1373-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1374-kjohnson on DSK7ZCZBW3PROD with $$_JOB 49
1375-HR 4394 PCS
1376-(f) None of the funds provided in this title shall be 1
1377-available for obligation or expenditure through a re-2
1378-programming of funds that— 3
1379-(1) creates, initiates, or eliminates a program, 4
1380-project, or activity; 5
1381-(2) increases funds or personnel for any pro-6
1382-gram, project, or activity for which funds are denied 7
1383-or restricted by this Act; or 8
1384-(3) reduces funds that are directed to be used 9
1385-for a specific program, project, or activity by this 10
1386-Act. 11
1387-(g)(1) The Secretary of Energy may waive any re-12
1388-quirement or restriction in this section that applies to the 13
1389-use of funds made available for the Department of Energy 14
1390-if compliance with such requirement or restriction would 15
1391-pose a substantial risk to human health, the environment, 16
1392-welfare, or national security. 17
1393-(2) The Secretary of Energy shall notify the Commit-18
1394-tees on Appropriations of both Houses of Congress of any 19
1395-waiver under paragraph (1) as soon as practicable, but 20
1396-not later than 3 days after the date of the activity to which 21
1397-a requirement or restriction would otherwise have applied. 22
1398-Such notice shall include an explanation of the substantial 23
1399-risk under paragraph (1) that permitted such waiver. 24
1400-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1401-kjohnson on DSK7ZCZBW3PROD with $$_JOB 50
1402-HR 4394 PCS
1403-(h) The unexpended balances of prior appropriations 1
1404-provided for activities in this Act may be available to the 2
1405-same appropriation accounts for such activities established 3
1406-pursuant to this title. Available balances may be merged 4
1407-with funds in the applicable established accounts and 5
1408-thereafter may be accounted for as one fund for the same 6
1409-time period as originally enacted. 7
1410-S
1411-EC. 302. Funds appropriated by this or any other 8
1412-Act, or made available by the transfer of funds in this 9
1413-Act, for intelligence activities are deemed to be specifically 10
1414-authorized by the Congress for purposes of section 504 11
1415-of the National Security Act of 1947 (50 U.S.C. 3094) 12
1416-during fiscal year 2024 until the enactment of the Intel-13
1417-ligence Authorization Act for fiscal year 2024. 14
1418-S
1419-EC. 303. None of the funds made available in this 15
1420-title shall be used for the construction of facilities classi-16
1421-fied as high-hazard nuclear facilities under 10 CFR Part 17
1422-830 unless independent oversight is conducted by the Of-18
1423-fice of Enterprise Assessments to ensure the project is in 19
1424-compliance with nuclear safety requirements. 20
1425-S
1426-EC. 304. None of the funds made available in this 21
1427-title may be used to approve critical decision-2 or critical 22
1428-decision-3 under Department of Energy Order 413.3B, or 23
1429-any successive departmental guidance, for construction 24
1430-projects where the total project cost exceeds 25
1431-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1432-kjohnson on DSK7ZCZBW3PROD with $$_JOB 51
1433-HR 4394 PCS
1434-$100,000,000, until a separate independent cost estimate 1
1435-has been developed for the project for that critical deci-2
1436-sion. 3
1437-S
1438-EC. 305. None of the funds made available in this 4
1439-title may be used to support a grant allocation award, dis-5
1440-cretionary grant award, or cooperative agreement that ex-6
1441-ceeds $100,000,000 in Federal funding unless the project 7
1442-is carried out through internal independent project man-8
1443-agement procedures. 9
1444-S
1445-EC. 306. No funds shall be transferred directly from 10
1446-‘‘Department of Energy—Power Marketing Administra-11
1447-tion—Colorado River Basins Power Marketing Fund, 12
1448-Western Area Power Administration’’ to the general fund 13
1449-of the Treasury in the current fiscal year. 14
1450-S
1451-EC. 307. None of the funds made available by this 15
1452-Act may be used to finalize, implement, administer, or en-16
1453-force an energy efficiency standard that increases effi-17
1454-ciency standards on distribution transformers, including 18
1455-the proposed rule entitled ‘‘Energy Conservation Program: 19
1456-Energy Conservation Standards for Distribution Trans-20
1457-formers’’ published by the Department of Energy in the 21
1458-Federal Register on January 11, 2023 (88 Fed. Reg. 22
1459-1722) or any substantially similar rule. 23
1460-S
1461-EC. 308. Notwithstanding section 301(c) of this Act, 24
1462-none of the funds made available under the heading ‘‘De-25
1463-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1464-kjohnson on DSK7ZCZBW3PROD with $$_JOB 52
1465-HR 4394 PCS
1466-partment of Energy—Energy Programs—Science’’ may 1
1467-be used for a multiyear contract, grant, cooperative agree-2
1468-ment, or Other Transaction Agreement of $5,000,000 or 3
1469-less unless the contract, grant, cooperative agreement, or 4
1470-Other Transaction Agreement is funded for the full period 5
1471-of performance as anticipated at the time of award. 6
1472-S
1473-EC. 309. (a) Of the unobligated balances of amounts 7
1474-made available to the Department of Energy under each 8
1475-heading in title III of division J of Public Law 117–58, 9
1476-an amount equal to the amount transferred from each 10
1477-such heading as of the date of enactment of this Act pur-11
1478-suant to section 303 of Public Law 117–58 shall be trans-12
1479-ferred on October 1, 2023, to the Office of the Inspector 13
1480-General of the Department of Energy to oversee the funds 14
1481-made available to the Department of Energy in Public 15
1482-Law 117–58: Provided, That any amounts so transferred 16
1483-that were previously designated by the Congress as an 17
1484-emergency requirement pursuant to the Balanced Budget 18
1485-and Emergency Deficit Control Act of 1985 or a concur-19
1486-rent resolution on the budget are designated by the Con-20
1487-gress as an emergency requirement pursuant to section 21
1488-251(b)(2)(A)(i) of the Balanced Budget and Emergency 22
1489-Deficit Control Act of 1985. 23
1490-(b) Beginning on October 1, 2023, of the amounts 24
1491-made available to the Department of Energy under each 25
1492-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1493-kjohnson on DSK7ZCZBW3PROD with $$_JOB 53
1494-HR 4394 PCS
1495-of sections 50121, 50141, 50142, 50143, 50144, 50145, 1
1496-50151, 50152, 50153, and 50161 of Public Law 117–169, 2
1497-two-tenths of one percent of such amounts shall be trans-3
1498-ferred to the Office of the Inspector General of the De-4
1499-partment of Energy to oversee the funds made available 5
1500-to the Department of Energy in Public Law 117–169: 6
1501-Provided, That amounts so transferred shall be derived 7
1502-from the unobligated balances of amounts under each such 8
1503-section. 9
1504-(c) Section 303 of Public Law 117–58 is amended 10
1505-by— 11
1506-(1) striking ‘‘One-tenth’’ and inserting ‘‘(a) Ex-12
1507-cept as provided in subsection (b), one-tenth’’; and 13
1508-(2) adding at the end the following new provi-14
1509-sion: 15
1510-‘‘(b) Beginning on October 1, 2023, of the 16
1511-amounts made available to the Department of 17
1512-Energy under each heading in this title in this 18
1513-Act, two-tenths of one percent of such amounts 19
1514-in each of fiscal years 2024 through 2026 shall 20
1515-be transferred to the Office of the Inspector 21
1516-General of the Department of Energy to over-22
1517-see the funds made available to the Department 23
1518-of Energy in this title in this Act: Provided, 24
1519-That any amounts so transferred that were pre-25
1520-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1521-kjohnson on DSK7ZCZBW3PROD with $$_JOB 54
1522-HR 4394 PCS
1523-viously designated by the Congress as an emer-1
1524-gency requirement pursuant to the Balanced 2
1525-Budget and Emergency Deficit Control Act of 3
1526-1985 or a concurrent resolution on the budget 4
1527-are designated by the Congress as an emer-5
1528-gency requirement pursuant to section 6
1529-251(b)(2)(A)(i) of the Balanced Budget and 7
1530-Emergency Deficit Control Act of 1985.’’ 8
1531-S
1532-EC. 310. (a) Notwithstanding sections 161 and 167 9
1533-of the Energy Policy and Conservation Act (42 U.S.C. 10
1534-6241, 6247), the Secretary of Energy shall draw down and 11
1535-sell one million barrels of refined petroleum product from 12
1536-the Strategic Petroleum Reserve during fiscal year 2024. 13
1537-(b) All proceeds from such sale shall be deposited into 14
1538-the general fund of the Treasury during fiscal year 2024. 15
1539-(c) Upon the completion of such sale, the Secretary 16
1540-shall carry out the closure of the Northeast Gasoline Sup-17
1541-ply Reserve. 18
1542-(d)(1) The Secretary of Energy may not establish any 19
1543-new regional petroleum product reserve unless funding for 20
1544-the proposed regional petroleum product reserve is explic-21
1545-itly requested in advance in an annual budget submission 22
1546-and approved by the Congress in an appropriations Act. 23
1547-(2) The budget request or notification shall in-24
1548-clude— 25
1549-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1550-kjohnson on DSK7ZCZBW3PROD with $$_JOB 55
1551-HR 4394 PCS
1552-(A) the justification for the new reserve; 1
1553-(B) a cost estimate for the establishment, 2
1554-operation, and maintenance of the reserve, in-3
1555-cluding funding sources; 4
1556-(C) a detailed plan for operation of the re-5
1557-serve, including the conditions upon which the 6
1558-products may be released; 7
1559-(D) the location of the reserve; and 8
1560-(E) the estimate of the total inventory of 9
1561-the reserve. 10
1562-S
1563-EC. 311. Of the authority made available in Public 11
1564-Law 117–328 for the Title 17 Innovative Technology 12
1565-Loan Guarantee Program for commitments to guarantee 13
1566-loans for eligible projects under title XVII of the Energy 14
1567-Policy Act of 2005, a total principal of $15,000,000,000 15
1568-is hereby permanently rescinded. 16
1569-S
1570-EC. 312. (a) Of the unobligated balances from 17
1571-amounts made available in section 50131 of Public Law 18
1572-117–169, $1,000,000,000 are hereby permanently re-19
1573-scinded. 20
1574-(b) Of the unobligated balances from amounts made 21
1575-available in section 50122 of Public Law 117–169, 22
1576-$4,500,000,000 are hereby permanently rescinded. 23
1577-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1578-kjohnson on DSK7ZCZBW3PROD with $$_JOB 56
1579-HR 4394 PCS
1580-(c) Of the unobligated balances from amounts made 1
1581-available in section 50123 of Public Law 117–169, 2
1582-$200,000,000 are hereby permanently rescinded. 3
1583-S
1584-EC. 313. None of the funds appropriated or other-4
1585-wise made available by this Act may be expended to sup-5
1586-port the Department of Energy Justice40 initiative as de-6
1587-fined by or required by Executive Order 14008. 7
1588-S
1589-EC. 314. None of the funds made available by this 8
1590-Act may be used to draw down and sell petroleum prod-9
1591-ucts from the Strategic Petroleum Reserve (1) to any enti-10
1592-ty that is under the ownership, control, or influence of 11
1593-the Chinese Communist Party; or (2) except on condition 12
1594-that such petroleum products will not be exported to the 13
1595-People’s Republic of China. 14
1596-S
1597-EC. 315. The funds made available to the Depart-15
1598-ment of Energy in this Act shall be applied in a manner 16
1599-consistent with subtitle D of title VI of the Research and 17
1600-Development, Competition, and Innovation Act (enacted 18
1601-as division B of the CHIPS Act of 2022 (Public Law 117– 19
1602-167; 42 U.S.C. 19231 et seq.)). 20
1603-S
1604-EC. 316. (a) Of the unobligated amounts available 21
1605-under the heading ‘‘Department of Energy—Energy Pro-22
1606-grams—Nuclear Energy’’ in division J of the Infrastruc-23
1607-ture Investment and Jobs Act (Public Law 117–58) for 24
1608-fiscal years 2024, 2025, and 2026, the following are avail-25
1609-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1610-kjohnson on DSK7ZCZBW3PROD with $$_JOB 57
1611-HR 4394 PCS
1612-able, in addition to amounts otherwise made available for 1
1613-these purposes: 2
1614-(1) (A) $2,400,000,000 for Advanced Nuclear 3
1615-Fuel Availability, of which $800,000,000, to remain 4
1616-available until expended, shall be available in each of 5
1617-fiscal years 2024, 2025, 2026. 6
1618-(B) Funds available under subparagraph 7
1619-(A) shall only be available if a law is enacted 8
1620-after May 1, 2023, that specifically authorizes 9
1621-a program for the Secretary of Energy to sup-10
1622-port the availability of low-enriched uranium, 11
1623-including high-assay low-enriched uranium, for 12
1624-civilian domestic research, development, dem-13
1625-onstration, and commercial use. 14
1626-(2) $1,197,000,000 to carry out the ongoing 15
1627-demonstration project under the Advanced Small 16
1628-Modular Reactor RD&D program, of which 17
1629-$399,000,000, to remain available until expended, 18
1630-shall be available in each of fiscal years 2024, 2025, 19
1631-and 2026. 20
1632-(b) Amounts repurposed pursuant to this paragraph 21
1633-that were previously designated by the Congress as an 22
1634-emergency requirement pursuant to the Balanced Budget 23
1635-and Emergency Deficit Control Act of 1985 or a concur-24
1636-rent resolution on the budget are designated by the Con-25
1637-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1638-kjohnson on DSK7ZCZBW3PROD with $$_JOB 58
1639-HR 4394 PCS
1640-gress as an emergency requirement pursuant to section 1
1641-251(b)(2)(A)(i) of the Balanced Budget and Emergency 2
1642-Deficit Control Act of 1985. 3
1643-S
1644-EC. 317. None of the funds made available in this 4
1645-title may be used to finalize, implement, administer, or 5
1646-enforce the proposed rule titled ‘‘Energy Conservation 6
1647-Program: Energy Conservation Standards for Consumer 7
1648-Conventional Cooking Products; Supplemental Notice of 8
1649-Proposed Rulemaking and announcement of public meet-9
1650-ing’’ (88 Fed. Reg. 6818; published February 1, 2023) 10
1651-with respect to energy conservation standards for gas 11
1652-kitchen ranges and ovens, or any substantially similar 12
1653-rule, including any rule that would directly or indirectly 13
1654-limit consumer access to gas kitchen ranges or ovens. 14
1655-TITLE IV 15
1656-INDEPENDENT AGENCIES 16
1257+EDERALENERGYREGULATORYCOMMISSION 17
1258+SALARIES AND EXPENSES 18
1259+For expenses necessary for the Federal Energy Regu-19
1260+latory Commission to carry out the provisions of the De-20
1261+partment of Energy Organization Act (42 U.S.C. 7101 et 21
1262+seq.), including services as authorized by 5 U.S.C. 3109, 22
1263+official reception and representation expenses not to ex-23
1264+ceed $3,000, and the hire of passenger motor vehicles, 24
1265+$520,000,000, to remain available until expended: Pro-25
1266+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1267+kjohnson on DSK79L0C42PROD with BILLS 45
1268+•HR 4394 RH
1269+vided, That notwithstanding any other provision of law, 1
1270+not to exceed $520,000,000 of revenues from fees and an-2
1271+nual charges, and other services and collections in fiscal 3
1272+year 2024 shall be retained and used for expenses nec-4
1273+essary in this account, and shall remain available until ex-5
1274+pended: Provided further, That the sum herein appro-6
1275+priated from the general fund shall be reduced as revenues 7
1276+are received during fiscal year 2024 so as to result in a 8
1277+final fiscal year 2024 appropriation from the general fund 9
1278+estimated at not more than $0. 10
1279+GENERAL PROVISIONS—DEPARTMENT OF 11
1280+ENERGY 12
1281+(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 13
1282+S
1283+EC. 301. (a) No appropriation, funds, or authority 14
1284+made available by this title for the Department of Energy 15
1285+shall be used to initiate or resume any program, project, 16
1286+or activity or to prepare or initiate Requests For Proposals 17
1287+or similar arrangements (including Requests for 18
1288+Quotations, Requests for Information, and Funding Op-19
1289+portunity Announcements) for a program, project, or ac-20
1290+tivity if the program, project, or activity has not been 21
1291+funded by Congress. 22
1292+(b)(1) Unless the Secretary of Energy notifies the 23
1293+Committees on Appropriations of both Houses of Congress 24
1294+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1295+kjohnson on DSK79L0C42PROD with BILLS 46
1296+•HR 4394 RH
1297+at least 3 full business days in advance, none of the funds 1
1298+made available in this title may be used to— 2
1299+(A) make a grant allocation or discretionary 3
1300+grant award totaling $1,000,000 or more; 4
1301+(B) make a discretionary contract award or 5
1302+Other Transaction Agreement totaling $1,000,000 6
1303+or more, including a contract covered by the Federal 7
1304+Acquisition Regulation; 8
1305+(C) issue a letter of intent to make an alloca-9
1306+tion, award, or Agreement in excess of the limits in 10
1307+subparagraph (A) or (B); or 11
1308+(D) announce publicly the intention to make an 12
1309+allocation, award, or Agreement in excess of the lim-13
1310+its in subparagraph (A) or (B). 14
1311+(2) The Secretary of Energy shall submit to the Com-15
1312+mittees on Appropriations of both Houses of Congress 16
1313+within 15 days of the conclusion of each quarter a report 17
1314+detailing each grant allocation or discretionary grant 18
1315+award totaling less than $1,000,000 provided during the 19
1316+previous quarter. 20
1317+(3) The notification required by paragraph (1) and 21
1318+the report required by paragraph (2) shall include the re-22
1319+cipient of the award, the amount of the award, the fiscal 23
1320+year for which the funds for the award were appropriated, 24
1321+the account and program, project, or activity from which 25
1322+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1323+kjohnson on DSK79L0C42PROD with BILLS 47
1324+•HR 4394 RH
1325+the funds are being drawn, the title of the award, and 1
1326+a brief description of the activity for which the award is 2
1327+made. 3
1328+(c) The Department of Energy may not, with respect 4
1329+to any program, project, or activity that uses budget au-5
1330+thority made available in this title under the heading ‘‘De-6
1331+partment of Energy—Energy Programs’’, enter into a 7
1332+multiyear contract, award a multiyear grant, or enter into 8
1333+a multiyear cooperative agreement unless— 9
1334+(1) the contract, grant, or cooperative agree-10
1335+ment is funded for the full period of performance as 11
1336+anticipated at the time of award; or 12
1337+(2) the contract, grant, or cooperative agree-13
1338+ment includes a clause conditioning the Federal Gov-14
1339+ernment’s obligation on the availability of future 15
1340+year budget authority and the Secretary notifies the 16
1341+Committees on Appropriations of both Houses of 17
1342+Congress at least 3 days in advance. 18
1343+(d) Except as provided in subsections (e), (f), and (g), 19
1344+the amounts made available by this title shall be expended 20
1345+as authorized by law for the programs, projects, and ac-21
1346+tivities specified in the ‘‘House Recommended’’ column in 22
1347+the ‘‘Department of Energy’’ table included under the 23
1348+heading ‘‘Title III—Department of Energy’’ in the report 24
1349+accompanying this Act. 25
1350+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1351+kjohnson on DSK79L0C42PROD with BILLS 48
1352+•HR 4394 RH
1353+(e) The amounts made available by this title may be 1
1354+reprogrammed for any program, project, or activity, and 2
1355+the Department shall notify, and obtain the prior approval 3
1356+of, the Committees on Appropriations of both Houses of 4
1357+Congress at least 30 days prior to the use of any proposed 5
1358+reprogramming that would cause any program, project, or 6
1359+activity funding level to increase or decrease by more than 7
1360+$5,000,000 or 10 percent, whichever is less, during the 8
1361+time period covered by this Act. 9
1362+(f) None of the funds provided in this title shall be 10
1363+available for obligation or expenditure through a re-11
1364+programming of funds that— 12
1365+(1) creates, initiates, or eliminates a program, 13
1366+project, or activity; 14
1367+(2) increases funds or personnel for any pro-15
1368+gram, project, or activity for which funds are denied 16
1369+or restricted by this Act; or 17
1370+(3) reduces funds that are directed to be used 18
1371+for a specific program, project, or activity by this 19
1372+Act. 20
1373+(g)(1) The Secretary of Energy may waive any re-21
1374+quirement or restriction in this section that applies to the 22
1375+use of funds made available for the Department of Energy 23
1376+if compliance with such requirement or restriction would 24
1377+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1378+kjohnson on DSK79L0C42PROD with BILLS 49
1379+•HR 4394 RH
1380+pose a substantial risk to human health, the environment, 1
1381+welfare, or national security. 2
1382+(2) The Secretary of Energy shall notify the Commit-3
1383+tees on Appropriations of both Houses of Congress of any 4
1384+waiver under paragraph (1) as soon as practicable, but 5
1385+not later than 3 days after the date of the activity to which 6
1386+a requirement or restriction would otherwise have applied. 7
1387+Such notice shall include an explanation of the substantial 8
1388+risk under paragraph (1) that permitted such waiver. 9
1389+(h) The unexpended balances of prior appropriations 10
1390+provided for activities in this Act may be available to the 11
1391+same appropriation accounts for such activities established 12
1392+pursuant to this title. Available balances may be merged 13
1393+with funds in the applicable established accounts and 14
1394+thereafter may be accounted for as one fund for the same 15
1395+time period as originally enacted. 16
1396+S
1397+EC. 302. Funds appropriated by this or any other 17
1398+Act, or made available by the transfer of funds in this 18
1399+Act, for intelligence activities are deemed to be specifically 19
1400+authorized by the Congress for purposes of section 504 20
1401+of the National Security Act of 1947 (50 U.S.C. 3094) 21
1402+during fiscal year 2024 until the enactment of the Intel-22
1403+ligence Authorization Act for fiscal year 2024. 23
1404+S
1405+EC. 303. None of the funds made available in this 24
1406+title shall be used for the construction of facilities classi-25
1407+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1408+kjohnson on DSK79L0C42PROD with BILLS 50
1409+•HR 4394 RH
1410+fied as high-hazard nuclear facilities under 10 CFR Part 1
1411+830 unless independent oversight is conducted by the Of-2
1412+fice of Enterprise Assessments to ensure the project is in 3
1413+compliance with nuclear safety requirements. 4
1414+S
1415+EC. 304. None of the funds made available in this 5
1416+title may be used to approve critical decision-2 or critical 6
1417+decision-3 under Department of Energy Order 413.3B, or 7
1418+any successive departmental guidance, for construction 8
1419+projects where the total project cost exceeds 9
1420+$100,000,000, until a separate independent cost estimate 10
1421+has been developed for the project for that critical deci-11
1422+sion. 12
1423+S
1424+EC. 305. None of the funds made available in this 13
1425+title may be used to support a grant allocation award, dis-14
1426+cretionary grant award, or cooperative agreement that ex-15
1427+ceeds $100,000,000 in Federal funding unless the project 16
1428+is carried out through internal independent project man-17
1429+agement procedures. 18
1430+S
1431+EC. 306. No funds shall be transferred directly from 19
1432+‘‘Department of Energy—Power Marketing Administra-20
1433+tion—Colorado River Basins Power Marketing Fund, 21
1434+Western Area Power Administration’’ to the general fund 22
1435+of the Treasury in the current fiscal year. 23
1436+S
1437+EC. 307. None of the funds made available by this 24
1438+Act may be used to finalize, implement, administer, or en-25
1439+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1440+kjohnson on DSK79L0C42PROD with BILLS 51
1441+•HR 4394 RH
1442+force an energy efficiency standard that increases effi-1
1443+ciency standards on distribution transformers, including 2
1444+the proposed rule entitled ‘‘Energy Conservation Program: 3
1445+Energy Conservation Standards for Distribution Trans-4
1446+formers’’ published by the Department of Energy in the 5
1447+Federal Register on January 11, 2023 (88 Fed. Reg. 6
1448+1722) or any substantially similar rule. 7
1449+S
1450+EC. 308. Notwithstanding section 301(c) of this Act, 8
1451+none of the funds made available under the heading ‘‘De-9
1452+partment of Energy—Energy Programs—Science’’ may 10
1453+be used for a multiyear contract, grant, cooperative agree-11
1454+ment, or Other Transaction Agreement of $5,000,000 or 12
1455+less unless the contract, grant, cooperative agreement, or 13
1456+Other Transaction Agreement is funded for the full period 14
1457+of performance as anticipated at the time of award. 15
1458+S
1459+EC. 309. (a) Of the unobligated balances of amounts 16
1460+made available to the Department of Energy under each 17
1461+heading in title III of division J of Public Law 117–58, 18
1462+an amount equal to the amount transferred from each 19
1463+such heading as of the date of enactment of this Act pur-20
1464+suant to section 303 of Public Law 117–58 shall be trans-21
1465+ferred on October 1, 2023, to the Office of the Inspector 22
1466+General of the Department of Energy to oversee the funds 23
1467+made available to the Department of Energy in Public 24
1468+Law 117–58: Provided, That any amounts so transferred 25
1469+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1470+kjohnson on DSK79L0C42PROD with BILLS 52
1471+•HR 4394 RH
1472+that were previously designated by the Congress as an 1
1473+emergency requirement pursuant to the Balanced Budget 2
1474+and Emergency Deficit Control Act of 1985 or a concur-3
1475+rent resolution on the budget are designated by the Con-4
1476+gress as an emergency requirement pursuant to section 5
1477+251(b)(2)(A)(i) of the Balanced Budget and Emergency 6
1478+Deficit Control Act of 1985. 7
1479+(b) Beginning on October 1, 2023, of the amounts 8
1480+made available to the Department of Energy under each 9
1481+of sections 50121, 50141, 50142, 50143, 50144, 50145, 10
1482+50151, 50152, 50153, and 50161 of Public Law 117–169, 11
1483+two-tenths of one percent of such amounts shall be trans-12
1484+ferred to the Office of the Inspector General of the De-13
1485+partment of Energy to oversee the funds made available 14
1486+to the Department of Energy in Public Law 117–169: 15
1487+Provided, That amounts so transferred shall be derived 16
1488+from the unobligated balances of amounts under each such 17
1489+section. 18
1490+(c) Section 303 of Public Law 117–58 is amended 19
1491+by— 20
1492+(1) striking ‘‘One-tenth’’ and inserting ‘‘(a) Ex-21
1493+cept as provided in subsection (b), one-tenth’’; and 22
1494+(2) adding at the end the following new provi-23
1495+sion: 24
1496+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1497+kjohnson on DSK79L0C42PROD with BILLS 53
1498+•HR 4394 RH
1499+‘‘(b) Beginning on October 1, 2023, of the 1
1500+amounts made available to the Department of 2
1501+Energy under each heading in this title in this 3
1502+Act, two-tenths of one percent of such amounts 4
1503+in each of fiscal years 2024 through 2026 shall 5
1504+be transferred to the Office of the Inspector 6
1505+General of the Department of Energy to over-7
1506+see the funds made available to the Department 8
1507+of Energy in this title in this Act: Provided, 9
1508+That any amounts so transferred that were pre-10
1509+viously designated by the Congress as an emer-11
1510+gency requirement pursuant to the Balanced 12
1511+Budget and Emergency Deficit Control Act of 13
1512+1985 or a concurrent resolution on the budget 14
1513+are designated by the Congress as an emer-15
1514+gency requirement pursuant to section 16
1515+251(b)(2)(A)(i) of the Balanced Budget and 17
1516+Emergency Deficit Control Act of 1985.’’ 18
1517+S
1518+EC. 310. (a) Notwithstanding sections 161 and 167 19
1519+of the Energy Policy and Conservation Act (42 U.S.C. 20
1520+6241, 6247), the Secretary of Energy shall draw down and 21
1521+sell one million barrels of refined petroleum product from 22
1522+the Strategic Petroleum Reserve during fiscal year 2024. 23
1523+(b) All proceeds from such sale shall be deposited into 24
1524+the general fund of the Treasury during fiscal year 2024. 25
1525+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1526+kjohnson on DSK79L0C42PROD with BILLS 54
1527+•HR 4394 RH
1528+(c) Upon the completion of such sale, the Secretary 1
1529+shall carry out the closure of the Northeast Gasoline Sup-2
1530+ply Reserve. 3
1531+(d)(1) The Secretary of Energy may not establish any 4
1532+new regional petroleum product reserve unless funding for 5
1533+the proposed regional petroleum product reserve is explic-6
1534+itly requested in advance in an annual budget submission 7
1535+and approved by the Congress in an appropriations Act. 8
1536+(2) The budget request or notification shall in-9
1537+clude— 10
1538+(A) the justification for the new reserve; 11
1539+(B) a cost estimate for the establishment, 12
1540+operation, and maintenance of the reserve, in-13
1541+cluding funding sources; 14
1542+(C) a detailed plan for operation of the re-15
1543+serve, including the conditions upon which the 16
1544+products may be released; 17
1545+(D) the location of the reserve; and 18
1546+(E) the estimate of the total inventory of 19
1547+the reserve. 20
1548+S
1549+EC. 311. Of the authority made available in Public 21
1550+Law 117–328 for the Title 17 Innovative Technology 22
1551+Loan Guarantee Program for commitments to guarantee 23
1552+loans for eligible projects under title XVII of the Energy 24
1553+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1554+kjohnson on DSK79L0C42PROD with BILLS 55
1555+•HR 4394 RH
1556+Policy Act of 2005, a total principal of $15,000,000,000 1
1557+is hereby permanently rescinded. 2
1558+S
1559+EC. 312. (a) Of the unobligated balances from 3
1560+amounts made available in section 50131 of Public Law 4
1561+117–169, $1,000,000,000 are hereby permanently re-5
1562+scinded. 6
1563+(b) Of the unobligated balances from amounts made 7
1564+available in section 50122 of Public Law 117–169, 8
1565+$4,500,000,000 are hereby permanently rescinded. 9
1566+(c) Of the unobligated balances from amounts made 10
1567+available in section 50123 of Public Law 117–169, 11
1568+$200,000,000 are hereby permanently rescinded. 12
1569+S
1570+EC. 313. None of the funds appropriated or other-13
1571+wise made available by this Act may be expended to sup-14
1572+port the Department of Energy Justice40 initiative as de-15
1573+fined by or required by Executive Order 14008. 16
1574+S
1575+EC. 314. None of the funds made available by this 17
1576+Act may be used to draw down and sell petroleum prod-18
1577+ucts from the Strategic Petroleum Reserve (1) to any enti-19
1578+ty that is under the ownership, control, or influence of 20
1579+the Chinese Communist Party; or (2) except on condition 21
1580+that such petroleum products will not be exported to the 22
1581+People’s Republic of China. 23
1582+S
1583+EC. 315. The funds made available to the Depart-24
1584+ment of Energy in this Act shall be applied in a manner 25
1585+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1586+kjohnson on DSK79L0C42PROD with BILLS 56
1587+•HR 4394 RH
1588+consistent with subtitle D of title VI of the Research and 1
1589+Development, Competition, and Innovation Act (enacted 2
1590+as division B of the CHIPS Act of 2022 (Public Law 117– 3
1591+167; 42 U.S.C. 19231 et seq.)). 4
1592+S
1593+EC. 316. (a) Of the unobligated amounts available 5
1594+under the heading ‘‘Department of Energy—Energy Pro-6
1595+grams—Nuclear Energy’’ in division J of the Infrastruc-7
1596+ture Investment and Jobs Act (Public Law 117–58) for 8
1597+fiscal years 2024, 2025, and 2026, the following are avail-9
1598+able, in addition to amounts otherwise made available for 10
1599+these purposes: 11
1600+(1) (A) $2,400,000,000 for Advanced Nuclear 12
1601+Fuel Availability, of which $800,000,000, to remain 13
1602+available until expended, shall be available in each of 14
1603+fiscal years 2024, 2025, 2026. 15
1604+(B) Funds available under subparagraph 16
1605+(A) shall only be available if a law is enacted 17
1606+after May 1, 2023, that specifically authorizes 18
1607+a program for the Secretary of Energy to sup-19
1608+port the availability of low-enriched uranium, 20
1609+including high-assay low-enriched uranium, for 21
1610+civilian domestic research, development, dem-22
1611+onstration, and commercial use. 23
1612+(2) $1,197,000,000 to carry out the ongoing 24
1613+demonstration project under the Advanced Small 25
1614+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1615+kjohnson on DSK79L0C42PROD with BILLS 57
1616+•HR 4394 RH
1617+Modular Reactor RD&D program, of which 1
1618+$399,000,000, to remain available until expended, 2
1619+shall be available in each of fiscal years 2024, 2025, 3
1620+and 2026. 4
1621+(b) Amounts repurposed pursuant to this paragraph 5
1622+that were previously designated by the Congress as an 6
1623+emergency requirement pursuant to the Balanced Budget 7
1624+and Emergency Deficit Control Act of 1985 or a concur-8
1625+rent resolution on the budget are designated by the Con-9
1626+gress as an emergency requirement pursuant to section 10
1627+251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
1628+Deficit Control Act of 1985. 12
1629+S
1630+EC. 317. None of the funds made available in this 13
1631+title may be used to finalize, implement, administer, or 14
1632+enforce the proposed rule titled ‘‘Energy Conservation 15
1633+Program: Energy Conservation Standards for Consumer 16
1634+Conventional Cooking Products; Supplemental Notice of 17
1635+Proposed Rulemaking and announcement of public meet-18
1636+ing’’ (88 Fed. Reg. 6818; published February 1, 2023) 19
1637+with respect to energy conservation standards for gas 20
1638+kitchen ranges and ovens, or any substantially similar 21
1639+rule, including any rule that would directly or indirectly 22
1640+limit consumer access to gas kitchen ranges or ovens. 23
1641+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1642+kjohnson on DSK79L0C42PROD with BILLS 58
1643+•HR 4394 RH
1644+TITLE IV 1
1645+INDEPENDENT AGENCIES 2
16571646 A
1658-PPALACHIANREGIONALCOMMISSION 17
1659-For expenses necessary to carry out the programs au-18
1660-thorized by the Appalachian Regional Development Act of 19
1661-1965, as amended, and for expenses necessary for the 20
1662-Federal Co-Chairman and the Alternate on the Appa-21
1663-lachian Regional Commission, for payment of the Federal 22
1664-share of the administrative expenses of the Commission, 23
1665-including services as authorized by 5 U.S.C. 3109, and 24
1666-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1667-kjohnson on DSK7ZCZBW3PROD with $$_JOB 59
1668-HR 4394 PCS
1669-hire of passenger motor vehicles, $200,000,000, to remain 1
1670-available until expended. 2
1647+PPALACHIANREGIONALCOMMISSION 3
1648+For expenses necessary to carry out the programs au-4
1649+thorized by the Appalachian Regional Development Act of 5
1650+1965, as amended, and for expenses necessary for the 6
1651+Federal Co-Chairman and the Alternate on the Appa-7
1652+lachian Regional Commission, for payment of the Federal 8
1653+share of the administrative expenses of the Commission, 9
1654+including services as authorized by 5 U.S.C. 3109, and 10
1655+hire of passenger motor vehicles, $200,000,000, to remain 11
1656+available until expended. 12
16711657 D
1672-EFENSENUCLEARFACILITIESSAFETYBOARD 3
1673-SALARIES AND EXPENSES 4
1674-For expenses necessary for the Defense Nuclear Fa-5
1675-cilities Safety Board in carrying out activities authorized 6
1676-by the Atomic Energy Act of 1954, as amended by Public 7
1677-Law 100–456, section 1441, $45,000,000, to remain 8
1678-available until September 30, 2025, of which not to exceed 9
1679-$1,000 shall be available for official reception and rep-10
1680-resentation expenses. 11
1658+EFENSENUCLEARFACILITIESSAFETYBOARD 13
1659+SALARIES AND EXPENSES 14
1660+For expenses necessary for the Defense Nuclear Fa-15
1661+cilities Safety Board in carrying out activities authorized 16
1662+by the Atomic Energy Act of 1954, as amended by Public 17
1663+Law 100–456, section 1441, $45,000,000, to remain 18
1664+available until September 30, 2025, of which not to exceed 19
1665+$1,000 shall be available for official reception and rep-20
1666+resentation expenses. 21
16811667 D
1682-ELTAREGIONALAUTHORITY 12
1683-SALARIES AND EXPENSES 13
1684-For expenses necessary for the Delta Regional Au-14
1685-thority and to carry out its activities, as authorized by 15
1686-the Delta Regional Authority Act of 2000, notwith-16
1687-standing sections 382F(d), 382M, and 382N of said Act, 17
1688-$31,100,000, to remain available until expended. 18
1668+ELTAREGIONALAUTHORITY 22
1669+SALARIES AND EXPENSES 23
1670+For expenses necessary for the Delta Regional Au-24
1671+thority and to carry out its activities, as authorized by 25
1672+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1673+kjohnson on DSK79L0C42PROD with BILLS 59
1674+•HR 4394 RH
1675+the Delta Regional Authority Act of 2000, notwith-1
1676+standing sections 382F(d), 382M, and 382N of said Act, 2
1677+$31,100,000, to remain available until expended. 3
16891678 D
1690-ENALICOMMISSION 19
1691-For expenses necessary for the Denali Commission 20
1692-including the purchase, construction, and acquisition of 21
1693-plant and capital equipment as necessary and other ex-22
1694-penses, $17,000,000, to remain available until expended, 23
1695-notwithstanding the limitations contained in section 24
1696-306(g) of the Denali Commission Act of 1998: Provided, 25
1697-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1698-kjohnson on DSK7ZCZBW3PROD with $$_JOB 60
1699-HR 4394 PCS
1700-That funds shall be available for construction projects for 1
1701-which the Denali Commission is the sole or primary fund-2
1702-ing source in an amount not to exceed 80 percent of total 3
1703-project cost for distressed communities, as defined by sec-4
1704-tion 307 of the Denali Commission Act of 1998 (division 5
1705-C, title III, Public Law 105–277), as amended by section 6
1706-701 of appendix D, title VII, Public Law 106–113 (113 7
1707-Stat. 1501A–280), and an amount not to exceed 50 per-8
1708-cent for non-distressed communities: Provided further, 9
1709-That notwithstanding any other provision of law regarding 10
1710-payment of a non-Federal share in connection with a 11
1711-grant-in-aid program, amounts under this heading shall 12
1712-be available for the payment of such a non-Federal share 13
1713-for any project for which the Denali Commission is not 14
1714-the sole or primary funding source, provided that such 15
1715-project is consistent with the purposes of the Commission. 16
1679+ENALICOMMISSION 4
1680+For expenses necessary for the Denali Commission 5
1681+including the purchase, construction, and acquisition of 6
1682+plant and capital equipment as necessary and other ex-7
1683+penses, $17,000,000, to remain available until expended, 8
1684+notwithstanding the limitations contained in section 9
1685+306(g) of the Denali Commission Act of 1998: Provided, 10
1686+That funds shall be available for construction projects for 11
1687+which the Denali Commission is the sole or primary fund-12
1688+ing source in an amount not to exceed 80 percent of total 13
1689+project cost for distressed communities, as defined by sec-14
1690+tion 307 of the Denali Commission Act of 1998 (division 15
1691+C, title III, Public Law 105–277), as amended by section 16
1692+701 of appendix D, title VII, Public Law 106–113 (113 17
1693+Stat. 1501A–280), and an amount not to exceed 50 per-18
1694+cent for non-distressed communities: Provided further, 19
1695+That notwithstanding any other provision of law regarding 20
1696+payment of a non-Federal share in connection with a 21
1697+grant-in-aid program, amounts under this heading shall 22
1698+be available for the payment of such a non-Federal share 23
1699+for any project for which the Denali Commission is not 24
1700+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1701+kjohnson on DSK79L0C42PROD with BILLS 60
1702+•HR 4394 RH
1703+the sole or primary funding source, provided that such 1
1704+project is consistent with the purposes of the Commission. 2
17161705 N
1717-ORTHERNBORDERREGIONALCOMMISSION 17
1718-For expenses necessary for the Northern Border Re-18
1719-gional Commission in carrying out activities authorized by 19
1720-subtitle V of title 40, United States Code, $40,000,000, 20
1721-to remain available until expended: Provided, That such 21
1722-amounts shall be available for administrative expenses, 22
1723-notwithstanding section 15751(b) of title 40, United 23
1724-States Code. 24
1725-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1726-kjohnson on DSK7ZCZBW3PROD with $$_JOB 61
1727-HR 4394 PCS
1728-SOUTHEASTCRESCENTREGIONALCOMMISSION 1
1729-For expenses necessary for the Southeast Crescent 2
1730-Regional Commission in carrying out activities authorized 3
1731-by subtitle V of title 40, United States Code, $20,000,000, 4
1732-to remain available until expended. 5
1733-S
1734-OUTHWESTBORDERREGIONALCOMMISSION 6
1735-For expenses necessary for the Southwest Border Re-7
1736-gional Commission in carrying out activities authorized by 8
1737-subtitle V of title 40, United States Code, $5,000,000, to 9
1738-remain available until expended. 10
1706+ORTHERNBORDERREGIONALCOMMISSION 3
1707+For expenses necessary for the Northern Border Re-4
1708+gional Commission in carrying out activities authorized by 5
1709+subtitle V of title 40, United States Code, $40,000,000, 6
1710+to remain available until expended: Provided, That such 7
1711+amounts shall be available for administrative expenses, 8
1712+notwithstanding section 15751(b) of title 40, United 9
1713+States Code. 10
1714+S
1715+OUTHEASTCRESCENTREGIONALCOMMISSION 11
1716+For expenses necessary for the Southeast Crescent 12
1717+Regional Commission in carrying out activities authorized 13
1718+by subtitle V of title 40, United States Code, $20,000,000, 14
1719+to remain available until expended. 15
1720+S
1721+OUTHWESTBORDERREGIONALCOMMISSION 16
1722+For expenses necessary for the Southwest Border Re-17
1723+gional Commission in carrying out activities authorized by 18
1724+subtitle V of title 40, United States Code, $5,000,000, to 19
1725+remain available until expended. 20
17391726 G
1740-REATLAKESAUTHORITY 11
1741-For expenses necessary for the Great Lakes Author-12
1742-ity in carrying out activities authorized by subtitle V of 13
1743-title 40, United States Code, $5,000,000, to remain avail-14
1744-able until expended. 15
1727+REATLAKESAUTHORITY 21
1728+For expenses necessary for the Great Lakes Author-22
1729+ity in carrying out activities authorized by subtitle V of 23
1730+title 40, United States Code, $5,000,000, to remain avail-24
1731+able until expended. 25
1732+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1733+kjohnson on DSK79L0C42PROD with BILLS 61
1734+•HR 4394 RH
1735+NUCLEARREGULATORYCOMMISSION 1
1736+SALARIES AND EXPENSES 2
1737+For expenses necessary for the Commission in car-3
1738+rying out the purposes of the Energy Reorganization Act 4
1739+of 1974 and the Atomic Energy Act of 1954, 5
1740+$960,560,450, including official representation expenses 6
1741+not to exceed $30,000, to remain available until expended: 7
1742+Provided, That of the amount appropriated herein, not 8
1743+more than $10,350,720 may be made available for sala-9
1744+ries, travel, and other support costs for the Office of the 10
1745+Commission, to remain available until September 30, 11
1746+2025: Provided further, That revenues from licensing fees, 12
1747+inspection services, and other services and collections esti-13
1748+mated at $807,727,130 in fiscal year 2024 shall be re-14
1749+tained and used for necessary salaries and expenses in this 15
1750+account, notwithstanding 31 U.S.C. 3302, and shall re-16
1751+main available until expended: Provided further, That the 17
1752+sum herein appropriated shall be reduced by the amount 18
1753+of revenues received during fiscal year 2024 so as to result 19
1754+in a final fiscal year 2024 appropriation estimated at not 20
1755+more than $152,833,320. 21
1756+OFFICE OF INSPECTOR GENERAL 22
1757+For expenses necessary for the Office of Inspector 23
1758+General in carrying out the provisions of the Inspector 24
1759+General Act of 1978, $18,648,340, to remain available 25
1760+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1761+kjohnson on DSK79L0C42PROD with BILLS 62
1762+•HR 4394 RH
1763+until September 30, 2025: Provided, That revenues from 1
1764+licensing fees, inspection services, and other services and 2
1765+collections estimated at $15,481,566 in fiscal year 2024 3
1766+shall be retained and be available until September 30, 4
1767+2025, for necessary salaries and expenses in this account, 5
1768+notwithstanding section 3302 of title 31, United States 6
1769+Code: Provided further, That the sum herein appropriated 7
1770+shall be reduced by the amount of revenues received dur-8
1771+ing fiscal year 2024 so as to result in a final fiscal year 9
1772+2024 appropriation estimated at not more than 10
1773+$3,166,774: Provided further, That of the amounts appro-11
1774+priated under this heading, $1,534,900 shall be for In-12
1775+spector General services for the Defense Nuclear Facilities 13
1776+Safety Board. 14
17451777 N
1746-UCLEARREGULATORYCOMMISSION 16
1747-SALARIES AND EXPENSES 17
1748-For expenses necessary for the Commission in car-18
1749-rying out the purposes of the Energy Reorganization Act 19
1750-of 1974 and the Atomic Energy Act of 1954, 20
1751-$960,560,450 (reduced by $1,000,000) (increased by 21
1752-$1,000,000), including official representation expenses not 22
1753-to exceed $30,000, to remain available until expended: 23
1754-Provided, That of the amount appropriated herein, not 24
1755-more than $10,350,720 may be made available for sala-25
1756-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1757-kjohnson on DSK7ZCZBW3PROD with $$_JOB 62
1758-HR 4394 PCS
1759-ries, travel, and other support costs for the Office of the 1
1760-Commission, to remain available until September 30, 2
1761-2025: Provided further, That revenues from licensing fees, 3
1762-inspection services, and other services and collections esti-4
1763-mated at $807,727,130 in fiscal year 2024 shall be re-5
1764-tained and used for necessary salaries and expenses in this 6
1765-account, notwithstanding 31 U.S.C. 3302, and shall re-7
1766-main available until expended: Provided further, That the 8
1767-sum herein appropriated shall be reduced by the amount 9
1768-of revenues received during fiscal year 2024 so as to result 10
1769-in a final fiscal year 2024 appropriation estimated at not 11
1770-more than $152,833,320. 12
1771-OFFICE OF INSPECTOR GENERAL 13
1772-For expenses necessary for the Office of Inspector 14
1773-General in carrying out the provisions of the Inspector 15
1774-General Act of 1978, $18,648,340, to remain available 16
1775-until September 30, 2025: Provided, That revenues from 17
1776-licensing fees, inspection services, and other services and 18
1777-collections estimated at $15,481,566 in fiscal year 2024 19
1778-shall be retained and be available until September 30, 20
1779-2025, for necessary salaries and expenses in this account, 21
1780-notwithstanding section 3302 of title 31, United States 22
1781-Code: Provided further, That the sum herein appropriated 23
1782-shall be reduced by the amount of revenues received dur-24
1783-ing fiscal year 2024 so as to result in a final fiscal year 25
1784-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1785-kjohnson on DSK7ZCZBW3PROD with $$_JOB 63
1786-HR 4394 PCS
1787-2024 appropriation estimated at not more than 1
1788-$3,166,774: Provided further, That of the amounts appro-2
1789-priated under this heading, $1,534,900 shall be for In-3
1790-spector General services for the Defense Nuclear Facilities 4
1791-Safety Board. 5
1792-N
1793-UCLEARWASTETECHNICALREVIEWBOARD 6
1794-SALARIES AND EXPENSES 7
1795-For expenses necessary for the Nuclear Waste Tech-8
1796-nical Review Board, as authorized by Public Law 100– 9
1797-203, section 5051, $4,064,000, to be derived from the Nu-10
1798-clear Waste Fund, to remain available until September 30, 11
1799-2025. 12
1800-GENERAL PROVISIONS—INDEPENDENT 13
1801-AGENCIES 14
1802-S
1803-EC. 401. The Nuclear Regulatory Commission shall 15
1804-comply with the July 5, 2011, version of Chapter VI of 16
1805-its Internal Commission Procedures when responding to 17
1806-Congressional requests for information, consistent with 18
1807-Department of Justice guidance for all Federal agencies. 19
1808-S
1809-EC. 402. (a) The amounts made available by this 20
1810-title for the Nuclear Regulatory Commission may be re-21
1811-programmed for any program, project, or activity, and the 22
1812-Commission shall notify the Committees on Appropria-23
1813-tions of both Houses of Congress at least 30 days prior 24
1814-to the use of any proposed reprogramming that would 25
1815-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1816-kjohnson on DSK7ZCZBW3PROD with $$_JOB 64
1817-HR 4394 PCS
1818-cause any program funding level to increase or decrease 1
1819-by more than $500,000 or 10 percent, whichever is less, 2
1820-during the time period covered by this Act. 3
1821-(b)(1) The Nuclear Regulatory Commission may 4
1822-waive the notification requirement in subsection (a) if 5
1823-compliance with such requirement would pose a substan-6
1824-tial risk to human health, the environment, welfare, or na-7
1825-tional security. 8
1826-(2) The Nuclear Regulatory Commission shall notify 9
1827-the Committees on Appropriations of both Houses of Con-10
1828-gress of any waiver under paragraph (1) as soon as prac-11
1829-ticable, but not later than 3 days after the date of the 12
1830-activity to which a requirement or restriction would other-13
1831-wise have applied. Such notice shall include an explanation 14
1832-of the substantial risk under paragraph (1) that permitted 15
1833-such waiver and shall provide a detailed report to the 16
1834-Committees of such waiver and changes to funding levels 17
1835-to programs, projects, or activities. 18
1836-(c) Except as provided in subsections (a), (b), and 19
1837-(d), the amounts made available by this title for ‘‘Nuclear 20
1838-Regulatory Commission—Salaries and Expenses’’ shall be 21
1839-expended as directed in the report accompanying this Act. 22
1840-(d) None of the funds provided for the Nuclear Regu-23
1841-latory Commission shall be available for obligation or ex-24
1842-penditure through a reprogramming of funds that in-25
1843-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1844-kjohnson on DSK7ZCZBW3PROD with $$_JOB 65
1845-HR 4394 PCS
1846-creases funds or personnel for any program, project, or 1
1847-activity for which funds are denied or restricted by this 2
1848-Act. 3
1849-(e) The Commission shall provide a monthly report 4
1850-to the Committees on Appropriations of both Houses of 5
1851-Congress, which includes the following for each program, 6
1852-project, or activity, including any prior year appropria-7
1853-tions— 8
1854-(1) total budget authority; 9
1855-(2) total unobligated balances; and 10
1856-(3) total unliquidated obligations. 11
1857-TITLE V—WATER FOR CALIFORNIA 12
1858-S
1859-EC. 501. DEFINITIONS. 13
1860-In Subtitle A through Subtitle D, the following defini-14
1861-tions apply: 15
1862-(1) C
1863-VP.—The term ‘‘CVP’’ means the Central 16
1864-Valley Project. 17
1778+UCLEARWASTETECHNICALREVIEWBOARD 15
1779+SALARIES AND EXPENSES 16
1780+For expenses necessary for the Nuclear Waste Tech-17
1781+nical Review Board, as authorized by Public Law 100– 18
1782+203, section 5051, $4,064,000, to be derived from the Nu-19
1783+clear Waste Fund, to remain available until September 30, 20
1784+2025. 21
1785+GENERAL PROVISIONS—INDEPENDENT 22
1786+AGENCIES 23
1787+S
1788+EC. 401. The Nuclear Regulatory Commission shall 24
1789+comply with the July 5, 2011, version of Chapter VI of 25
1790+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1791+kjohnson on DSK79L0C42PROD with BILLS 63
1792+•HR 4394 RH
1793+its Internal Commission Procedures when responding to 1
1794+Congressional requests for information, consistent with 2
1795+Department of Justice guidance for all Federal agencies. 3
1796+S
1797+EC. 402. (a) The amounts made available by this 4
1798+title for the Nuclear Regulatory Commission may be re-5
1799+programmed for any program, project, or activity, and the 6
1800+Commission shall notify the Committees on Appropria-7
1801+tions of both Houses of Congress at least 30 days prior 8
1802+to the use of any proposed reprogramming that would 9
1803+cause any program funding level to increase or decrease 10
1804+by more than $500,000 or 10 percent, whichever is less, 11
1805+during the time period covered by this Act. 12
1806+(b)(1) The Nuclear Regulatory Commission may 13
1807+waive the notification requirement in subsection (a) if 14
1808+compliance with such requirement would pose a substan-15
1809+tial risk to human health, the environment, welfare, or na-16
1810+tional security. 17
1811+(2) The Nuclear Regulatory Commission shall notify 18
1812+the Committees on Appropriations of both Houses of Con-19
1813+gress of any waiver under paragraph (1) as soon as prac-20
1814+ticable, but not later than 3 days after the date of the 21
1815+activity to which a requirement or restriction would other-22
1816+wise have applied. Such notice shall include an explanation 23
1817+of the substantial risk under paragraph (1) that permitted 24
1818+such waiver and shall provide a detailed report to the 25
1819+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1820+kjohnson on DSK79L0C42PROD with BILLS 64
1821+•HR 4394 RH
1822+Committees of such waiver and changes to funding levels 1
1823+to programs, projects, or activities. 2
1824+(c) Except as provided in subsections (a), (b), and 3
1825+(d), the amounts made available by this title for ‘‘Nuclear 4
1826+Regulatory Commission—Salaries and Expenses’’ shall be 5
1827+expended as directed in the report accompanying this Act. 6
1828+(d) None of the funds provided for the Nuclear Regu-7
1829+latory Commission shall be available for obligation or ex-8
1830+penditure through a reprogramming of funds that in-9
1831+creases funds or personnel for any program, project, or 10
1832+activity for which funds are denied or restricted by this 11
1833+Act. 12
1834+(e) The Commission shall provide a monthly report 13
1835+to the Committees on Appropriations of both Houses of 14
1836+Congress, which includes the following for each program, 15
1837+project, or activity, including any prior year appropria-16
1838+tions— 17
1839+(1) total budget authority; 18
1840+(2) total unobligated balances; and 19
1841+(3) total unliquidated obligations. 20
1842+TITLE V—WATER FOR CALIFORNIA 21
1843+S
1844+EC. 501. DEFINITIONS. 22
1845+In Subtitle A through Subtitle D, the following defini-23
1846+tions apply: 24
1847+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1848+kjohnson on DSK79L0C42PROD with BILLS 65
1849+•HR 4394 RH
1850+(1) CVP.—The term ‘‘CVP’’ means the Central 1
1851+Valley Project. 2
18651852 (2) C
1866-VP CONTRACTOR.—The term ‘‘CVP con-18
1867-tractor’’ means any public water agency, water user 19
1868-organization, or person that has entered into a con-20
1869-tract with the United States for water service from 21
1870-the CVP, whether in the form of a water service 22
1871-contract, repayment contract, water rights settle-23
1872-ment contract, exchange contract, or refuge con-24
1873-tract. 25
1874-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1875-kjohnson on DSK7ZCZBW3PROD with $$_JOB 66
1876-HR 4394 PCS
1877-(3) FWS BIOLOGICAL OPINION .—The term 1
1878-‘‘FWS Biological Opinion’’ means the United States 2
1879-Fish and Wildlife Service ‘‘Biological Opinion for the 3
1880-Reinitiation of Consultation on the Coordinated Op-4
1881-erations of the Central Valley Project and State 5
1882-Water Project’’ (Service File No. 08FBTD00–2019– 6
1883-F–0164) signed on October 21, 2019. 7
1853+VP CONTRACTOR.—The term ‘‘CVP con-3
1854+tractor’’ means any public water agency, water user 4
1855+organization, or person that has entered into a con-5
1856+tract with the United States for water service from 6
1857+the CVP, whether in the form of a water service 7
1858+contract, repayment contract, water rights settle-8
1859+ment contract, exchange contract, or refuge con-9
1860+tract. 10
1861+(3) F
1862+WS BIOLOGICAL OPINION .—The term 11
1863+‘‘FWS Biological Opinion’’ means the United States 12
1864+Fish and Wildlife Service ‘‘Biological Opinion for the 13
1865+Reinitiation of Consultation on the Coordinated Op-14
1866+erations of the Central Valley Project and State 15
1867+Water Project’’ (Service File No. 08FBTD00–2019– 16
1868+F–0164) signed on October 21, 2019. 17
18841869 (4) N
1885-OAA BIOLOGICAL OPINION .—The term 8
1886-‘‘NOAA Biological Opinion’’ means the National 9
1887-Oceanic and Atmospheric Administration Fisheries 10
1888-‘‘Biological Opinion on the Long-term Operation of 11
1889-the Central Valley Project and the State Water 12
1890-Project’’ (Consultation Tracking Number: WCRO– 13
1891-2016–00069) signed on October 21, 2019. 14
1892-(5) P
1893-REFERRED ALTERNATIVE .—The term 15
1894-‘‘Preferred Alternative’’ means the Alternative 1 16
1895-(Preferred Alternative), as described in the Final 17
1896-Environmental Impact Statement on the Reinitiation 18
1897-of Consultation on the Coordinated Long-Term Op-19
1898-eration of the Central Valley Project and the State 20
1899-Water Project, issued by the Bureau of Reclamation, 21
1900-and dated December 2019. 22
1870+OAA BIOLOGICAL OPINION .—The term 18
1871+‘‘NOAA Biological Opinion’’ means the National 19
1872+Oceanic and Atmospheric Administration Fisheries 20
1873+‘‘Biological Opinion on the Long-term Operation of 21
1874+the Central Valley Project and the State Water 22
1875+Project’’ (Consultation Tracking Number: WCRO– 23
1876+2016–00069) signed on October 21, 2019. 24
1877+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1878+kjohnson on DSK79L0C42PROD with BILLS 66
1879+•HR 4394 RH
1880+(5) PREFERRED ALTERNATIVE .—The term 1
1881+‘‘Preferred Alternative’’ means the Alternative 1 2
1882+(Preferred Alternative), as described in the Final 3
1883+Environmental Impact Statement on the Reinitiation 4
1884+of Consultation on the Coordinated Long-Term Op-5
1885+eration of the Central Valley Project and the State 6
1886+Water Project, issued by the Bureau of Reclamation, 7
1887+and dated December 2019. 8
19011888 (6) S
1902-WP.—The term ‘‘SWP’’ means the Cali-23
1903-fornia State Water Project. 24
1904-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1905-kjohnson on DSK7ZCZBW3PROD with $$_JOB 67
1906-HR 4394 PCS
1907-(7) SWP CONTRACTOR.—The term ‘‘SWP con-1
1908-tractor’’ means a public agency that has entered into 2
1909-a long-term water supply contract with the Cali-3
1910-fornia Department of Water Resources for water 4
1911-service from the SWP. 5
1912-S
1913-EC. 502. TREATMENT OFFUNDS. 6
1914-Amounts repurposed pursuant to this title that were 7
1915-previously designated by the Congress as an emergency 8
1916-requirement pursuant to the Balanced Budget and Emer-9
1917-gency Deficit Control Act of 1985 or a concurrent resolu-10
1918-tion on the budget are designated by the Congress as an 11
1919-emergency requirement pursuant to section 12
1920-251(b)(2)(A)(i) of the Balanced Budget and Emergency 13
1921-Deficit Control Act of 1985. 14
1922-Subtitle A—CVP and SWP Operations 15
1923-S
1924-EC. 511. OPERATION OF THECVP ANDSWP. 16
1889+WP.—The term ‘‘SWP’’ means the Cali-9
1890+fornia State Water Project. 10
1891+(7) S
1892+WP CONTRACTOR.—The term ‘‘SWP con-11
1893+tractor’’ means a public agency that has entered into 12
1894+a long-term water supply contract with the Cali-13
1895+fornia Department of Water Resources for water 14
1896+service from the SWP. 15
1897+S
1898+EC. 502. TREATMENT OFFUNDS. 16
1899+Amounts repurposed pursuant to this title that were 17
1900+previously designated by the Congress as an emergency 18
1901+requirement pursuant to the Balanced Budget and Emer-19
1902+gency Deficit Control Act of 1985 or a concurrent resolu-20
1903+tion on the budget are designated by the Congress as an 21
1904+emergency requirement pursuant to section 22
1905+251(b)(2)(A)(i) of the Balanced Budget and Emergency 23
1906+Deficit Control Act of 1985. 24
1907+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1908+kjohnson on DSK79L0C42PROD with BILLS 67
1909+•HR 4394 RH
1910+Subtitle A—CVP and SWP Operations 1
1911+S
1912+EC. 511. OPERATION OF THECVP ANDSWP. 2
19251913 (a) C
1926-ONGRESSIONAL DIRECTIONREGARDINGCVP 17
1927-ANDSWPOPERATIONS.—The CVP and the SWP shall be 18
1928-operated, and reporting shall be done, in accordance with 19
1929-the Preferred Alternative and FWS Biological Opinion 20
1930-and NOAA Biological Opinion. 21
1914+ONGRESSIONAL DIRECTIONREGARDINGCVP 3
1915+ANDSWPOPERATIONS.—The CVP and the SWP shall be 4
1916+operated, and reporting shall be done, in accordance with 5
1917+the Preferred Alternative and FWS Biological Opinion 6
1918+and NOAA Biological Opinion. 7
19311919 (b) E
1932-XCEPTIONS.—Operation of the CVP and SWP 22
1933-shall proceed pursuant to subsection (a) of this section, 23
1934-except: 24
1935-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1936-kjohnson on DSK7ZCZBW3PROD with $$_JOB 68
1937-HR 4394 PCS
1938-(1) to the extent changes to operations are un-1
1939-dertaken pursuant to one or more agreements, which 2
1940-are voluntarily entered into, approved, and imple-3
1941-mented by CVP contractors, for operations of the 4
1942-CVP, and SWP contractors, for operations of the 5
1943-SWP, with all applicable Federal departments and 6
1944-the State of California, including any agency or 7
1945-board of the State of California; or 8
1946-(2) to the extent changes in operations of the 9
1947-CVP, SWP, or both can be made while improving 10
1948-the supply of water available to CVP contractors, 11
1949-SWP contractors, or both. 12
1920+XCEPTIONS.—Operation of the CVP and SWP 8
1921+shall proceed pursuant to subsection (a) of this section, 9
1922+except: 10
1923+(1) to the extent changes to operations are un-11
1924+dertaken pursuant to one or more agreements, which 12
1925+are voluntarily entered into, approved, and imple-13
1926+mented by CVP contractors, for operations of the 14
1927+CVP, and SWP contractors, for operations of the 15
1928+SWP, with all applicable Federal departments and 16
1929+the State of California, including any agency or 17
1930+board of the State of California; or 18
1931+(2) to the extent changes in operations of the 19
1932+CVP, SWP, or both can be made while improving 20
1933+the supply of water available to CVP contractors, 21
1934+SWP contractors, or both. 22
19501935 (c) C
1951-OSTS.—No cost, including water supply, finan-13
1952-cial, mintigation-related, or otherwise, associated with the 14
1953-implementation of any agreement under subsection (b)(1) 15
1954-or the implementation of any reoperation under subsection 16
1955-(b)(2) shall be imposed by any Federal department or 17
1956-agency or the State of California, including any agency 18
1957-or board of the State of California, directly or indirectly 19
1958-on any CVP contractor, SWP contractor, or any other per-20
1959-son or entity, unless such costs are incurred on a voluntary 21
1960-basis. 22
1936+OSTS.—No cost, including water supply, finan-23
1937+cial, mintigation-related, or otherwise, associated with the 24
1938+implementation of any agreement under subsection (b)(1) 25
1939+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1940+kjohnson on DSK79L0C42PROD with BILLS 68
1941+•HR 4394 RH
1942+or the implementation of any reoperation under subsection 1
1943+(b)(2) shall be imposed by any Federal department or 2
1944+agency or the State of California, including any agency 3
1945+or board of the State of California, directly or indirectly 4
1946+on any CVP contractor, SWP contractor, or any other per-5
1947+son or entity, unless such costs are incurred on a voluntary 6
1948+basis. 7
19611949 (d) N
1962-OREDIRECTEDADVERSEIMPACTS.—The Sec-23
1963-retary of the Interior and Secretary of Commerce shall 24
1964-not carry out any specific action authorized under the ap-25
1965-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1966-kjohnson on DSK7ZCZBW3PROD with $$_JOB 69
1967-HR 4394 PCS
1968-plicable provisions of this subtitle that would directly or 1
1969-through State agency action indirectly result in the invol-2
1970-untary reduction of water supply to an individual, district, 3
1971-or agency that has in effect a contract for water with the 4
1972-SWP or the CVP, including settlement, exchange, and ref-5
1973-uge contracts, and Friant Division contracts. 6
1950+OREDIRECTEDADVERSEIMPACTS.—The Sec-8
1951+retary of the Interior and Secretary of Commerce shall 9
1952+not carry out any specific action authorized under the ap-10
1953+plicable provisions of this subtitle that would directly or 11
1954+through State agency action indirectly result in the invol-12
1955+untary reduction of water supply to an individual, district, 13
1956+or agency that has in effect a contract for water with the 14
1957+SWP or the CVP, including settlement, exchange, and ref-15
1958+uge contracts, and Friant Division contracts. 16
19741959 (e) E
1975-NDANGERED SPECIESACT.—Notwithstanding 7
1976-subsection (b), implementation of subsection (a) shall not 8
1977-conflict with the FWS Biological Opinion and the NOAA 9
1978-Biological Opinion. 10
1960+NDANGERED SPECIESACT.—Notwithstanding 17
1961+subsection (b), implementation of subsection (a) shall not 18
1962+conflict with the FWS Biological Opinion and the NOAA 19
1963+Biological Opinion. 20
19791964 (f) N
1980-ATIVESPECIESPROTECTION.—The State of 11
1981-California shall not impose any bag, catch, or size restric-12
1982-tion or limit on the take or harvest of striped bass or any 13
1983-species of black bass, including largemouth bass, 14
1984-smallmouth bass, and spotted bass, that occupy the Sac-15
1985-ramento-San Joaquin Rivers Delta or its tributaries. 16
1986-S
1987-EC. 512. OPERATIONS ANDREVIEWS. 17
1988-In carrying out section 511(a), the Secretary of the 18
1989-Interior and the Secretary of Commerce shall implement 19
1990-their statutory authorities in a manner that improves 20
1991-water supply reliability and enables the CVP and SWP 21
1992-to provide the maximum quantity of water supplies prac-22
1993-ticable to CVP agricultural, municipal, and industrial con-23
1994-tractors, water service or repayment contractors, water 24
1995-rights settlement contractors, exchange contractors, ref-25
1996-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
1997-kjohnson on DSK7ZCZBW3PROD with $$_JOB 70
1998-HR 4394 PCS
1999-uge contractors, and SWP contractors, in accordance with 1
2000-the Preferred Alternative, NOAA Biological Opinion, and 2
2001-FWS Biological Opinion. 3
2002-S
2003-EC. 513. APPLICATION OFSTATELAWS. 4
1965+ATIVESPECIESPROTECTION.—The State of 21
1966+California shall not impose any bag, catch, or size restric-22
1967+tion or limit on the take or harvest of striped bass or any 23
1968+species of black bass, including largemouth bass, 24
1969+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
1970+kjohnson on DSK79L0C42PROD with BILLS 69
1971+•HR 4394 RH
1972+smallmouth bass, and spotted bass, that occupy the Sac-1
1973+ramento-San Joaquin Rivers Delta or its tributaries. 2
1974+S
1975+EC. 512. OPERATIONS ANDREVIEWS. 3
1976+In carrying out section 511(a), the Secretary of the 4
1977+Interior and the Secretary of Commerce shall implement 5
1978+their statutory authorities in a manner that improves 6
1979+water supply reliability and enables the CVP and SWP 7
1980+to provide the maximum quantity of water supplies prac-8
1981+ticable to CVP agricultural, municipal, and industrial con-9
1982+tractors, water service or repayment contractors, water 10
1983+rights settlement contractors, exchange contractors, ref-11
1984+uge contractors, and SWP contractors, in accordance with 12
1985+the Preferred Alternative, NOAA Biological Opinion, and 13
1986+FWS Biological Opinion. 14
1987+S
1988+EC. 513. APPLICATION OFSTATELAWS. 15
20041989 (a) R
2005-EDUCEDWATERSUPPLY.—If, as a result of the 5
2006-application of applicable State law or regulation, the State 6
2007-of California (including any agency or board of the State 7
2008-of California) alters operation of the SWP in a manner 8
2009-that directly or indirectly results in reduced water supply 9
2010-to the SWP as compared with the water supply available 10
2011-under the Preferred Alternative, and as a result, CVP 11
2012-yield is greater than it otherwise would have been under 12
2013-the Preferred Alternative, then that additional yield shall 13
2014-be made available to the SWP for delivery to SWP Con-14
2015-tractors to offset that reduced water supply. If it is nec-15
2016-essary to reduce water supplies for any authorized uses 16
2017-of the CVP or CVP Contractors to make available to the 17
2018-SWP that additional yield, such reductions shall be ap-18
2019-plied proportionately to those authorized uses or CVP con-19
2020-tractors that benefit from that increased yield. 20
1990+EDUCEDWATERSUPPLY.—If, as a result of the 16
1991+application of applicable State law or regulation, the State 17
1992+of California (including any agency or board of the State 18
1993+of California) alters operation of the SWP in a manner 19
1994+that directly or indirectly results in reduced water supply 20
1995+to the SWP as compared with the water supply available 21
1996+under the Preferred Alternative, and as a result, CVP 22
1997+yield is greater than it otherwise would have been under 23
1998+the Preferred Alternative, then that additional yield shall 24
1999+be made available to the SWP for delivery to SWP Con-25
2000+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2001+kjohnson on DSK79L0C42PROD with BILLS 70
2002+•HR 4394 RH
2003+tractors to offset that reduced water supply. If it is nec-1
2004+essary to reduce water supplies for any authorized uses 2
2005+of the CVP or CVP Contractors to make available to the 3
2006+SWP that additional yield, such reductions shall be ap-4
2007+plied proportionately to those authorized uses or CVP con-5
2008+tractors that benefit from that increased yield. 6
20212009 (b) N
2022-ORESTRICTION OF CERTAINWATER 21
2010+ORESTRICTION OF CERTAINWATER 7
20232011 R
2024-IGHTS.—The State of California (including any agency 22
2025-or board of the State of California) shall not restrict the 23
2026-exercise of any water right obtained pursuant to State law, 24
2027-including but not limited to a pre-1914 appropriative right 25
2028-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2029-kjohnson on DSK7ZCZBW3PROD with $$_JOB 71
2030-HR 4394 PCS
2031-or riparian right in order to offset any impact resulting 1
2032-from the implementation of this subtitle on any species 2
2033-affected by operations of the CVP or the SWP. 3
2012+IGHTS.—The State of California (including any agency 8
2013+or board of the State of California) shall not restrict the 9
2014+exercise of any water right obtained pursuant to State law, 10
2015+including but not limited to a pre-1914 appropriative right 11
2016+or riparian right in order to offset any impact resulting 12
2017+from the implementation of this subtitle on any species 13
2018+affected by operations of the CVP or the SWP. 14
20342019 (c) N
2035-OINVOLUNTARY WATERREDUCTION.—The 4
2036-State of California (including any agency or board of the 5
2037-State of California), the Secretary of the Interior and Sec-6
2038-retary of Commerce shall not take any action related to 7
2039-operation of the CVP or SWP that would directly or indi-8
2040-rectly result in the involuntary reduction of water supply 9
2041-to any CVP agricultural, municipal and industrial con-10
2042-tractor, water service or repayment contractor, water 11
2043-rights settlement contractor, exchange contractor, refuge 12
2044-contractor or any SWP contractor, as compared to the 13
2045-water supply available under the Preferred Alternative; 14
2046-and nothing in this section is intended to modify, amend, 15
2047-or affect any of the rights and obligations of the parties 16
2048-to such contracts. 17
2049-S
2050-EC. 514. RECONSULTATION OF NOAA BIOLOGICAL 18
2051-OPINION ANDFWS BIOLOGICAL OPINION. 19
2020+OINVOLUNTARY WATERREDUCTION.—The 15
2021+State of California (including any agency or board of the 16
2022+State of California), the Secretary of the Interior and Sec-17
2023+retary of Commerce shall not take any action related to 18
2024+operation of the CVP or SWP that would directly or indi-19
2025+rectly result in the involuntary reduction of water supply 20
2026+to any CVP agricultural, municipal and industrial con-21
2027+tractor, water service or repayment contractor, water 22
2028+rights settlement contractor, exchange contractor, refuge 23
2029+contractor or any SWP contractor, as compared to the 24
2030+water supply available under the Preferred Alternative; 25
2031+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2032+kjohnson on DSK79L0C42PROD with BILLS 71
2033+•HR 4394 RH
2034+and nothing in this section is intended to modify, amend, 1
2035+or affect any of the rights and obligations of the parties 2
2036+to such contracts. 3
2037+S
2038+EC. 514. RECONSULTATION OF NOAA BIOLOGICAL 4
2039+OPINION ANDFWS BIOLOGICAL OPINION. 5
20522040 (a) R
2053-EQUIREMENT FOR RECONSULTATION.— 20
2041+EQUIREMENT FOR RECONSULTATION.— 6
20542042 (1) R
2055-EQUIREMENT.—Unless action is taken 21
2056-pursuant to section 101(b), neither the Secretary of 22
2057-the Interior, acting through the Commissioner of the 23
2058-Bureau of Reclamation, nor the Secretary of Com-24
2059-merce, or their designees shall commence, complete, 25
2060-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2061-kjohnson on DSK7ZCZBW3PROD with $$_JOB 72
2062-HR 4394 PCS
2063-or request reinitiation of consultation on the coordi-1
2064-nated long-term operation of the Central Valley 2
2065-Project and the State Water Project that will result 3
2066-in changes to or the replacement of the documents 4
2067-listed in paragraph (2) unless— 5
2068-(A) more than 75 percent of California has 6
2069-experienced 4 consecutive years of D3 or D4 7
2070-level drought, as defined by the U.S. Drought 8
2071-Monitor; 9
2072-(B) the Commissioner of the Bureau of 10
2073-Reclamation identifies one specific factor or 11
2074-combination of factors under section 402.16 of 12
2075-title 50, Code of Federal Regulations; and 13
2076-(C) not fewer than 120 days before offi-14
2077-cially commencing or requesting reinitiation, the 15
2078-Secretary of the Interior notifies the Committee 16
2079-on Natural Resources of the House of Rep-17
2080-resentatives, and the Committee on Energy and 18
2081-Natural Resources of the Senate, in writing, 19
2082-of— 20
2083-(i) the intent to commence or request 21
2084-reinitiation under this section; and 22
2085-(ii) the detailed justification for the 23
2086-identification of the specific factor or com-24
2087-bination of factors under section 402.16 of 25
2088-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2089-kjohnson on DSK7ZCZBW3PROD with $$_JOB 73
2090-HR 4394 PCS
2091-title 50, Code of Federal Regulations, that 1
2092-was identified to satisfy the requirement in 2
2093-subparagraph (B). 3
2043+EQUIREMENT.—Unless action is taken 7
2044+pursuant to section 101(b), neither the Secretary of 8
2045+the Interior, acting through the Commissioner of the 9
2046+Bureau of Reclamation, nor the Secretary of Com-10
2047+merce, or their designees shall commence, complete, 11
2048+or request reinitiation of consultation on the coordi-12
2049+nated long-term operation of the Central Valley 13
2050+Project and the State Water Project that will result 14
2051+in changes to or the replacement of the documents 15
2052+listed in paragraph (2) unless— 16
2053+(A) more than 75 percent of California has 17
2054+experienced 4 consecutive years of D3 or D4 18
2055+level drought, as defined by the U.S. Drought 19
2056+Monitor; 20
2057+(B) the Commissioner of the Bureau of 21
2058+Reclamation identifies one specific factor or 22
2059+combination of factors under section 402.16 of 23
2060+title 50, Code of Federal Regulations; and 24
2061+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2062+kjohnson on DSK79L0C42PROD with BILLS 72
2063+•HR 4394 RH
2064+(C) not fewer than 120 days before offi-1
2065+cially commencing or requesting reinitiation, the 2
2066+Secretary of the Interior notifies the Committee 3
2067+on Natural Resources of the House of Rep-4
2068+resentatives, and the Committee on Energy and 5
2069+Natural Resources of the Senate, in writing, 6
2070+of— 7
2071+(i) the intent to commence or request 8
2072+reinitiation under this section; and 9
2073+(ii) the detailed justification for the 10
2074+identification of the specific factor or com-11
2075+bination of factors under section 402.16 of 12
2076+title 50, Code of Federal Regulations, that 13
2077+was identified to satisfy the requirement in 14
2078+subparagraph (B). 15
20942079 (2) D
2095-OCUMENTS.—The documents referred to 4
2096-in paragraph (1) are the following: 5
2097-(A) The FWS Biological Opinion. 6
2098-(B) The NOAA Biological Opinion. 7
2099-(C) The Record of Decision for the Reiniti-8
2100-ation of Consultation on the Coordinated Long- 9
2101-Term Modified Operations of the Central Valley 10
2102-Project and State Water Project, signed on 11
2103-February 18, 2020. 12
2104-(b) A
2105-PPLICABLEPROCEDURES AND REVIEW.—For 13
2106-the purposes of this Act, before reinitiating consultation 14
2107-on the Long-Term Operation of the CVP and SWP, a re-15
2108-quest by the Secretary of the Interior, the Secretary of 16
2109-the Commerce, or any other Federal employee, to reini-17
2110-tiate consultation shall be made in writing and considered 18
2111-a rule under section 551 of title 5, United States Code, 19
2112-and subject to the requirements of sections 801 through 20
2113-808 of that title. 21
2080+OCUMENTS.—The documents referred to 16
2081+in paragraph (1) are the following: 17
2082+(A) The FWS Biological Opinion. 18
2083+(B) The NOAA Biological Opinion. 19
2084+(C) The Record of Decision for the Reiniti-20
2085+ation of Consultation on the Coordinated Long- 21
2086+Term Modified Operations of the Central Valley 22
2087+Project and State Water Project, signed on 23
2088+February 18, 2020. 24
2089+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2090+kjohnson on DSK79L0C42PROD with BILLS 73
2091+•HR 4394 RH
2092+(b) APPLICABLEPROCEDURES AND REVIEW.—For 1
2093+the purposes of this Act, before reinitiating consultation 2
2094+on the Long-Term Operation of the CVP and SWP, a re-3
2095+quest by the Secretary of the Interior, the Secretary of 4
2096+the Commerce, or any other Federal employee, to reini-5
2097+tiate consultation shall be made in writing and considered 6
2098+a rule under section 551 of title 5, United States Code, 7
2099+and subject to the requirements of sections 801 through 8
2100+808 of that title. 9
21142101 (c) C
2115-OOPERATION.—In implementing this section, the 22
2116-Secretary of the Interior and the Secretary of Commerce 23
2117-shall comply with requirements included in section 4004 24
2118-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2119-kjohnson on DSK7ZCZBW3PROD with $$_JOB 74
2120-HR 4394 PCS
2121-of the Water Infrastructure Improvements for the Nation 1
2122-Act (Public Law 114–322). 2
2102+OOPERATION.—In implementing this section, the 10
2103+Secretary of the Interior and the Secretary of Commerce 11
2104+shall comply with requirements included in section 4004 12
2105+of the Water Infrastructure Improvements for the Nation 13
2106+Act (Public Law 114–322). 14
21232107 (d) E
2124-XCLUSION.—Notwithstanding subsection (b), in 3
2125-implementing this section, section 801(b)(2) of title 5, 4
2126-United States Code, shall not apply. 5
2127-S
2128-EC. 515. SUNSET. 6
2129-Sections 511 through 514 shall have no force or ef-7
2130-fect on and after the date that is 7 years after the date 8
2131-of the enactment of this Act. 9
2132-S
2133-EC. 516. CONSULTATION ON COORDINATED OPER -10
2134-ATIONS. 11
2135-The Water Infrastructure Improvements for the Na-12
2136-tion Act (Public Law 114–322) is amended— 13
2137-(1) in section 4004(a)— 14
2138-(A) in the matter preceding paragraph (1), 15
2139-strike ‘‘public water agency that contracts’’ and 16
2140-insert ‘‘contractor’’; 17
2141-(B) in paragraph (1), by inserting ‘‘or pro-18
2142-posed action’’ after ‘‘biological assessment,’’; 19
2143-(C) in paragraph (2), by inserting ‘‘or pro-20
2144-posed action’’ after ‘‘biological assessment,’’; 21
2145-(D) by redesignating paragraphs (3) 22
2146-through (6) as paragraphs (4) through (7), re-23
2147-spectively; 24
2148-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2149-kjohnson on DSK7ZCZBW3PROD with $$_JOB 75
2150-HR 4394 PCS
2151-(E) after paragraph (2), by inserting the 1
2152-following new paragraph: 2
2153-‘‘(3) receive a copy of the draft proposed action 3
2154-and have the opportunity to review that document 4
2155-and provide comment to the action agency, which 5
2156-comments shall be afforded due consideration during 6
2157-development;’’; and 7
2158-(F) in paragraph (7), as redesignated by 8
2159-subparagraph (C) of this paragraph— 9
2160-(i) in the matter preceding subpara-10
2161-graph (A), by inserting ‘‘action agency pro-11
2162-poses a proposed action or’’ before ‘‘the 12
2163-consulting agency’’; 13
2164-(ii) in subparagraph (A), by inserting 14
2165-‘‘proposed action or’’ before ‘‘alternative 15
2166-will’’; and 16
2167-(iii) in subparagraph (B), by striking 17
2168-‘‘alternative actions’’ and insert ‘‘actions 18
2169-or alternatives’’; and 19
2170-(2) in section 4013, by deleting ‘‘section 4004, 20
2171-which shall expire 10 years after the date of its en-21
2172-actment;’’ and inserting ‘‘section 4004, which shall 22
2173-expire on December 16, 2033;’’. 23
2174-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2175-kjohnson on DSK7ZCZBW3PROD with $$_JOB 76
2176-HR 4394 PCS
2177-Subtitle B—Allocations for Sacramento Valley 1
2178-Contractors 2
2179-S
2180-EC. 521. DEFINITIONS. 3
2181-In this subtitle, the following definitions apply: 4
2182-(1) The term ‘‘existing CVP agricultural water 5
2183-service or repayment contractor within the Sac-6
2184-ramento River Watershed’’ means any water service 7
2185-or repayment contractor within the Shasta, Trinity, 8
2186-or Sacramento River division of the CVP that has 9
2187-in effect a water service or repayment contract on 10
2188-the date of enactment of this title that provides 11
2189-water for irrigation. 12
2190-(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-13
2191-mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 14
2192-have the meanings given those terms in the Sac-15
2193-ramento Valley Water Year Type (40–30–30) Index. 16
2194-S
2195-EC. 522. ALLOCATIONS OF WATER . 17
2196-Subject to section 523, the Secretary of the Interior 18
2197-shall make every reasonable effort in the operation of the 19
2198-CVP to allocate water provided for irrigation purposes to 20
2199-each existing CVP agricultural water service contractor 21
2200-within the Sacramento River Watershed in accordance 22
2201-with the following: 23
2202-(1) Not less than 100 percent of the contract 24
2203-quantity of the existing CVP agricultural water serv-25
2204-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2205-kjohnson on DSK7ZCZBW3PROD with $$_JOB 77
2206-HR 4394 PCS
2207-ice contractor within the Sacramento River Water-1
2208-shed in a Wet year. 2
2209-(2) Not less than 100 percent of the contract 3
2210-quantity of the existing CVP agricultural water serv-4
2211-ice contractor within the Sacramento River Water-5
2212-shed in an Above Normal year. 6
2213-(3) Not less than 100 percent of the contract 7
2214-quantity of the existing CVP agricultural water serv-8
2215-ice contractor within the Sacramento River Water-9
2216-shed in a Below Normal year that is preceded by an 10
2217-Above Normal or Wet year. 11
2218-(4) Not less than 50 percent of the contract 12
2219-quantity of the existing CVP agricultural water serv-13
2220-ice contractor within the Sacramento River Water-14
2221-shed in a Dry year that is preceded by a Below Nor-15
2222-mal, Above Normal, or Wet year. 16
2223-(5) In any other year not identified in para-17
2224-graphs (1) through (4), not less than twice the allo-18
2225-cation percentage to south-of-Delta CVP agricultural 19
2226-water service contractors, up to 100 percent. 20
2227-S
2228-EC. 523. PROTECTION OF REFUGE , MUNICIPAL AND 21
2229-INDUSTRIAL, AND OTHER CONTRACTORS . 22
2230-Nothing in section 522 shall— 23
2231-(1) adversely affect any protections for the envi-24
2232-ronment, including the obligation of the Secretary of 25
2233-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2234-kjohnson on DSK7ZCZBW3PROD with $$_JOB 78
2235-HR 4394 PCS
2236-the Interior to make water available to managed 1
2237-wetlands pursuant to section 3406(d) of the Central 2
2238-Valley Project Improvement Act (title XXXIV of 3
2239-Public Law 102–575; 106 Stat. 4722); 4
2240-(2) adversely affect any obligation of the Sec-5
2241-retary of the Interior or the Secretary of Commerce 6
2242-under the FWS Biological Opinion or the NOAA Bi-7
2243-ological Opinion; 8
2244-(3) modify any provision of a water service con-9
2245-tract that addresses municipal or industrial water 10
2246-shortage policies of the Secretary of the Interior; 11
2247-(4) affect or limit the authority of the Secretary 12
2248-of the Interior to adopt or modify municipal and in-13
2249-dustrial water shortage policies; 14
2250-(5) constrain, govern, or affect, directly or indi-15
2251-rectly, the operations of the American River division 16
2252-of the CVP or any deliveries from that division or 17
2253-a unit or facility of that division; or 18
2254-(6) affect any allocation to a CVP municipal or 19
2255-industrial water service contractor by increasing or 20
2256-decreasing allocations to the contractor, as compared 21
2257-to the allocation the contractor would have received 22
2258-absent section 522. 23
2259-S
2260-EC. 524. OTHER CONTRACTORS . 24
2261-Nothing in section 522 shall— 25
2262-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2263-kjohnson on DSK7ZCZBW3PROD with $$_JOB 79
2264-HR 4394 PCS
2265-(1) affect the priority of any individual or entity 1
2266-with a Sacramento River settlement contract over 2
2267-water service or repayment contractors; 3
2268-(2) affect the United States ability to deliver 4
2269-water to the San Joaquin River exchange contrac-5
2270-tors from the Sacramento River and the Delta via 6
2271-the Delta-Mendota Canal or modify or amend the 7
2272-rights and obligations under the Purchase Contract 8
2273-between Miller and Lux and the United States and 9
2274-the Second Amended Exchange Contract between 10
2275-the United States, Department of the Interior, Bu-11
2276-reau of Reclamation and Central California Irriga-12
2277-tion District, San Luis Canal Company, Firebaugh 13
2278-Canal Water District and Columbia Canal Company; 14
2279-(3) affect the allocation of water to Friant divi-15
2280-sion contractors of the CVP; 16
2281-(4) result in the involuntary reduction in con-17
2282-tract water allocations to individuals or entities with 18
2283-contracts to receive water from the Friant division; 19
2284-(5) result in the involuntary reduction in water 20
2285-allocations to refuge contractors; or 21
2286-(6) authorize any actions inconsistent with 22
2287-State water rights law. 23
2288-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2289-kjohnson on DSK7ZCZBW3PROD with $$_JOB 80
2290-HR 4394 PCS
2291-Subtitle C—Infrastructure 1
2292-S
2293-EC. 531. SHASTA RESERVOIR ENLARGEMENT 2
2294-PROJECT. 3
2295-Section 40902(a)(2) of the Infrastructure Investment 4
2296-and Jobs Act (Public Law 117–58) is amended— 5
2297-(1) in subparagraph (B)— 6
2298-(A) in the matter preceding clause (i), by 7
2299-striking ‘‘this Act, except for any project for 8
2300-which—’’ and inserting ‘‘this Act; or’’; and 9
2301-(B) by striking clauses (i) and (ii); and 10
2302-(2) in subparagraph (C), by striking ‘‘(except 11
2303-that projects described in clauses (i) and (ii) of sub-12
2304-paragraph (B) shall not be eligible)’’. 13
2305-S
2306-EC. 532. WATER SUPPLY PLAN; PROJECTS. 14
2108+XCLUSION.—Notwithstanding subsection (b), in 15
2109+implementing this section, section 801(b)(2) of title 5, 16
2110+United States Code, shall not apply. 17
2111+S
2112+EC. 515. SUNSET. 18
2113+Sections 511 through 514 shall have no force or ef-19
2114+fect on and after the date that is 7 years after the date 20
2115+of the enactment of this Act. 21
2116+S
2117+EC. 516. CONSULTATION ON COORDINATED OPER -22
2118+ATIONS. 23
2119+The Water Infrastructure Improvements for the Na-24
2120+tion Act (Public Law 114–322) is amended— 25
2121+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2122+kjohnson on DSK79L0C42PROD with BILLS 74
2123+•HR 4394 RH
2124+(1) in section 4004(a)— 1
2125+(A) in the matter preceding paragraph (1), 2
2126+strike ‘‘public water agency that contracts’’ and 3
2127+insert ‘‘contractor’’; 4
2128+(B) in paragraph (1), by inserting ‘‘or pro-5
2129+posed action’’ after ‘‘biological assessment,’’; 6
2130+(C) in paragraph (2), by inserting ‘‘or pro-7
2131+posed action’’ after ‘‘biological assessment,’’; 8
2132+(D) by redesignating paragraphs (3) 9
2133+through (6) as paragraphs (4) through (7), re-10
2134+spectively; 11
2135+(E) after paragraph (2), by inserting the 12
2136+following new paragraph: 13
2137+‘‘(3) receive a copy of the draft proposed action 14
2138+and have the opportunity to review that document 15
2139+and provide comment to the action agency, which 16
2140+comments shall be afforded due consideration during 17
2141+development;’’; and 18
2142+(F) in paragraph (7), as redesignated by 19
2143+subparagraph (C) of this paragraph— 20
2144+(i) in the matter preceding subpara-21
2145+graph (A), by inserting ‘‘action agency pro-22
2146+poses a proposed action or’’ before ‘‘the 23
2147+consulting agency’’; 24
2148+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2149+kjohnson on DSK79L0C42PROD with BILLS 75
2150+•HR 4394 RH
2151+(ii) in subparagraph (A), by inserting 1
2152+‘‘proposed action or’’ before ‘‘alternative 2
2153+will’’; and 3
2154+(iii) in subparagraph (B), by striking 4
2155+‘‘alternative actions’’ and insert ‘‘actions 5
2156+or alternatives’’; and 6
2157+(2) in section 4013, by deleting ‘‘section 4004, 7
2158+which shall expire 10 years after the date of its en-8
2159+actment;’’ and inserting ‘‘section 4004, which shall 9
2160+expire on December 16, 2033;’’. 10
2161+Subtitle B—Allocations for Sacramento Valley 11
2162+Contractors 12
2163+S
2164+EC. 521. DEFINITIONS. 13
2165+In this subtitle, the following definitions apply: 14
2166+(1) The term ‘‘existing CVP agricultural water 15
2167+service or repayment contractor within the Sac-16
2168+ramento River Watershed’’ means any water service 17
2169+or repayment contractor within the Shasta, Trinity, 18
2170+or Sacramento River division of the CVP that has 19
2171+in effect a water service or repayment contract on 20
2172+the date of enactment of this title that provides 21
2173+water for irrigation. 22
2174+(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-23
2175+mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 24
2176+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2177+kjohnson on DSK79L0C42PROD with BILLS 76
2178+•HR 4394 RH
2179+have the meanings given those terms in the Sac-1
2180+ramento Valley Water Year Type (40–30–30) Index. 2
2181+S
2182+EC. 522. ALLOCATIONS OF WATER . 3
2183+Subject to section 523, the Secretary of the Interior 4
2184+shall make every reasonable effort in the operation of the 5
2185+CVP to allocate water provided for irrigation purposes to 6
2186+each existing CVP agricultural water service contractor 7
2187+within the Sacramento River Watershed in accordance 8
2188+with the following: 9
2189+(1) Not less than 100 percent of the contract 10
2190+quantity of the existing CVP agricultural water serv-11
2191+ice contractor within the Sacramento River Water-12
2192+shed in a Wet year. 13
2193+(2) Not less than 100 percent of the contract 14
2194+quantity of the existing CVP agricultural water serv-15
2195+ice contractor within the Sacramento River Water-16
2196+shed in an Above Normal year. 17
2197+(3) Not less than 100 percent of the contract 18
2198+quantity of the existing CVP agricultural water serv-19
2199+ice contractor within the Sacramento River Water-20
2200+shed in a Below Normal year that is preceded by an 21
2201+Above Normal or Wet year. 22
2202+(4) Not less than 50 percent of the contract 23
2203+quantity of the existing CVP agricultural water serv-24
2204+ice contractor within the Sacramento River Water-25
2205+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2206+kjohnson on DSK79L0C42PROD with BILLS 77
2207+•HR 4394 RH
2208+shed in a Dry year that is preceded by a Below Nor-1
2209+mal, Above Normal, or Wet year. 2
2210+(5) In any other year not identified in para-3
2211+graphs (1) through (4), not less than twice the allo-4
2212+cation percentage to south-of-Delta CVP agricultural 5
2213+water service contractors, up to 100 percent. 6
2214+S
2215+EC. 523. PROTECTION OF REFUGE , MUNICIPAL AND 7
2216+INDUSTRIAL, AND OTHER CONTRACTORS . 8
2217+Nothing in section 522 shall— 9
2218+(1) adversely affect any protections for the envi-10
2219+ronment, including the obligation of the Secretary of 11
2220+the Interior to make water available to managed 12
2221+wetlands pursuant to section 3406(d) of the Central 13
2222+Valley Project Improvement Act (title XXXIV of 14
2223+Public Law 102–575; 106 Stat. 4722); 15
2224+(2) adversely affect any obligation of the Sec-16
2225+retary of the Interior or the Secretary of Commerce 17
2226+under the FWS Biological Opinion or the NOAA Bi-18
2227+ological Opinion; 19
2228+(3) modify any provision of a water service con-20
2229+tract that addresses municipal or industrial water 21
2230+shortage policies of the Secretary of the Interior; 22
2231+(4) affect or limit the authority of the Secretary 23
2232+of the Interior to adopt or modify municipal and in-24
2233+dustrial water shortage policies; 25
2234+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2235+kjohnson on DSK79L0C42PROD with BILLS 78
2236+•HR 4394 RH
2237+(5) constrain, govern, or affect, directly or indi-1
2238+rectly, the operations of the American River division 2
2239+of the CVP or any deliveries from that division or 3
2240+a unit or facility of that division; or 4
2241+(6) affect any allocation to a CVP municipal or 5
2242+industrial water service contractor by increasing or 6
2243+decreasing allocations to the contractor, as compared 7
2244+to the allocation the contractor would have received 8
2245+absent section 522. 9
2246+S
2247+EC. 524. OTHER CONTRACTORS . 10
2248+Nothing in section 522 shall— 11
2249+(1) affect the priority of any individual or entity 12
2250+with a Sacramento River settlement contract over 13
2251+water service or repayment contractors; 14
2252+(2) affect the United States ability to deliver 15
2253+water to the San Joaquin River exchange contrac-16
2254+tors from the Sacramento River and the Delta via 17
2255+the Delta-Mendota Canal or modify or amend the 18
2256+rights and obligations under the Purchase Contract 19
2257+between Miller and Lux and the United States and 20
2258+the Second Amended Exchange Contract between 21
2259+the United States, Department of the Interior, Bu-22
2260+reau of Reclamation and Central California Irriga-23
2261+tion District, San Luis Canal Company, Firebaugh 24
2262+Canal Water District and Columbia Canal Company; 25
2263+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2264+kjohnson on DSK79L0C42PROD with BILLS 79
2265+•HR 4394 RH
2266+(3) affect the allocation of water to Friant divi-1
2267+sion contractors of the CVP; 2
2268+(4) result in the involuntary reduction in con-3
2269+tract water allocations to individuals or entities with 4
2270+contracts to receive water from the Friant division; 5
2271+(5) result in the involuntary reduction in water 6
2272+allocations to refuge contractors; or 7
2273+(6) authorize any actions inconsistent with 8
2274+State water rights law. 9
2275+Subtitle C—Infrastructure 10
2276+S
2277+EC. 531. SHASTA RESERVOIR ENLARGEMENT 11
2278+PROJECT. 12
2279+Section 40902(a)(2) of the Infrastructure Investment 13
2280+and Jobs Act (Public Law 117–58) is amended— 14
2281+(1) in subparagraph (B)— 15
2282+(A) in the matter preceding clause (i), by 16
2283+striking ‘‘this Act, except for any project for 17
2284+which—’’ and inserting ‘‘this Act; or’’; and 18
2285+(B) by striking clauses (i) and (ii); and 19
2286+(2) in subparagraph (C), by striking ‘‘(except 20
2287+that projects described in clauses (i) and (ii) of sub-21
2288+paragraph (B) shall not be eligible)’’. 22
2289+S
2290+EC. 532. WATER SUPPLY PLAN; PROJECTS. 23
23072291 (a) P
2308-LAN.—Not later than 180 days after the date 15
2309-of the enactment of this Act, the Commissioner of the Bu-16
2310-reau of Reclamation shall develop a water deficit report, 17
2311-which shall identify— 18
2312-(1) projected water supply shortages in the 19
2313-State of California for irrigation water service, mu-20
2314-nicipal and industrial water service, water supply for 21
2315-wildlife refuges supplied by the CVP or the SWP; 22
2316-and 23
2317-(2) infrastructure projects or actions which, if 24
2318-taken, would— 25
2319-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2320-kjohnson on DSK7ZCZBW3PROD with $$_JOB 81
2321-HR 4394 PCS
2322-(A) significantly reduce or eliminate the 1
2323-projected water supply shortage; or 2
2324-(B) fulfill water allocations consistent with 3
2325-agricultural, municipal and industrial contrac-4
2326-tors, water service or repayment contractors, 5
2327-water rights settlement contractors, exchange 6
2328-contractors, and SWP contractors with water 7
2329-delivery contractors on the CVP and SWP. 8
2292+LAN.—Not later than 180 days after the date 24
2293+of the enactment of this Act, the Commissioner of the Bu-25
2294+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2295+kjohnson on DSK79L0C42PROD with BILLS 80
2296+•HR 4394 RH
2297+reau of Reclamation shall develop a water deficit report, 1
2298+which shall identify— 2
2299+(1) projected water supply shortages in the 3
2300+State of California for irrigation water service, mu-4
2301+nicipal and industrial water service, water supply for 5
2302+wildlife refuges supplied by the CVP or the SWP; 6
2303+and 7
2304+(2) infrastructure projects or actions which, if 8
2305+taken, would— 9
2306+(A) significantly reduce or eliminate the 10
2307+projected water supply shortage; or 11
2308+(B) fulfill water allocations consistent with 12
2309+agricultural, municipal and industrial contrac-13
2310+tors, water service or repayment contractors, 14
2311+water rights settlement contractors, exchange 15
2312+contractors, and SWP contractors with water 16
2313+delivery contractors on the CVP and SWP. 17
23302314 (b) R
2331-EPORT TOCONGRESS.—The Commissioner of 9
2332-the Bureau of Reclamation shall provide a report de-10
2333-scribed in subsection (a) to the House Committee on Ap-11
2334-propriations, the Senate Committee on Appropriations, 12
2335-the House Committee on Natural Resources, the Senate 13
2336-Committee on Energy, and the Senate Committee on Nat-14
2337-ural Resources upon its completion. 15
2338-S
2339-EC. 533. CONSERVATION FISH HATCHERIES . 16
2340-Section 4010(b)(5) of the Water Infrastructure Im-17
2341-provements for the Nation Act (Public Law 114–322) is 18
2342-amended by adding at the end the following: 19
2315+EPORT TOCONGRESS.—The Commissioner of 18
2316+the Bureau of Reclamation shall provide a report de-19
2317+scribed in subsection (a) to the House Committee on Ap-20
2318+propriations, the Senate Committee on Appropriations, 21
2319+the House Committee on Natural Resources, the Senate 22
2320+Committee on Energy, and the Senate Committee on Nat-23
2321+ural Resources upon its completion. 24
2322+S
2323+EC. 533. CONSERVATION FISH HATCHERIES . 25
2324+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2325+kjohnson on DSK79L0C42PROD with BILLS 81
2326+•HR 4394 RH
2327+Section 4010(b)(5) of the Water Infrastructure Im-1
2328+provements for the Nation Act (Public Law 114–322) is 2
2329+amended by adding at the end the following: 3
23432330 ‘‘(D) S
2344-EMI-ANNUAL REPORT .—The Sec-20
2345-retary of the Interior and the Secretary of 21
2346-Commerce shall submit to the Committee on 22
2347-Natural Resources of the House of Representa-23
2348-tives, and the Committee on Energy and Nat-24
2349-ural Resources of the Senate semi-annual re-25
2350-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2351-kjohnson on DSK7ZCZBW3PROD with $$_JOB 82
2352-HR 4394 PCS
2353-ports that detail activities carried out under 1
2354-this paragraph.’’. 2
2355-S
2356-EC. 534. STORAGE; DURATION. 3
2331+EMI-ANNUAL REPORT .—The Sec-4
2332+retary of the Interior and the Secretary of 5
2333+Commerce shall submit to the Committee on 6
2334+Natural Resources of the House of Representa-7
2335+tives, and the Committee on Energy and Nat-8
2336+ural Resources of the Senate semi-annual re-9
2337+ports that detail activities carried out under 10
2338+this paragraph.’’. 11
2339+S
2340+EC. 534. STORAGE; DURATION. 12
23572341 (a) S
2358-TORAGE.—Section 4007 of the Water Infra-4
2359-structure Improvements for the Nation Act (Public Law 5
2360-114–322) is amended— 6
2361-(1) in subsection (b)(1), by striking ‘‘or any 7
2362-public agency organized pursuant to State law’’ and 8
2363-inserting ‘‘any public agency organized pursuant to 9
2364-State law, or any stakeholder’’; and 10
2365-(2) in subsection (i), by striking ‘‘January 1, 11
2366-2021’’ and inserting ‘‘January 1, 2028’’. 12
2367-(b) D
2368-URATION.—Section 4013 of the Water Infra-13
2342+TORAGE.—Section 4007 of the Water Infra-13
23692343 structure Improvements for the Nation Act (Public Law 14
23702344 114–322) is amended— 15
2371-(1) in paragraph (1), by striking ‘‘and’’; 16
2372-(2) by redesignating paragraph (2) as para-17
2373-graph (3); and 18
2374-(3) by inserting after paragraph (1) the fol-19
2375-lowing: 20
2376-‘‘(2) section 4007, which (except as provided in 21
2377-paragraph (3)), shall expire on December 31, 2028; 22
2378-and’’. 23
2379-S
2380-EC. 535. SHASTA DAM ENLARGEMENT 24
2381-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2382-kjohnson on DSK7ZCZBW3PROD with $$_JOB 83
2383-HR 4394 PCS
2384-No provision of State law shall preclude or otherwise 1
2385-prevent any public water agency, including a public agency 2
2386-of the State, that contracts for the delivery of CVP water 3
2387-from assisting or cooperating with, whether by loan, grant, 4
2388-license, or otherwise, the planning and construction of any 5
2389-project undertaken by the Bureau of Reclamation to en-6
2390-large Shasta Dam. 7
2391-Subtitle D—CVPIA Actions 8
2392-S
2393-EC. 541. CVPIA RESTORATION ACTIONS. 9
2345+(1) in subsection (b)(1), by striking ‘‘or any 16
2346+public agency organized pursuant to State law’’ and 17
2347+inserting ‘‘any public agency organized pursuant to 18
2348+State law, or any stakeholder’’; and 19
2349+(2) in subsection (i), by striking ‘‘January 1, 20
2350+2021’’ and inserting ‘‘January 1, 2028’’. 21
2351+(b) D
2352+URATION.—Section 4013 of the Water Infra-22
2353+structure Improvements for the Nation Act (Public Law 23
2354+114–322) is amended— 24
2355+(1) in paragraph (1), by striking ‘‘and’’; 25
2356+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2357+kjohnson on DSK79L0C42PROD with BILLS 82
2358+•HR 4394 RH
2359+(2) by redesignating paragraph (2) as para-1
2360+graph (3); and 2
2361+(3) by inserting after paragraph (1) the fol-3
2362+lowing: 4
2363+‘‘(2) section 4007, which (except as provided in 5
2364+paragraph (3)), shall expire on December 31, 2028; 6
2365+and’’. 7
2366+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2367+kjohnson on DSK79L0C42PROD with BILLS 83
2368+•HR 4394 RH
2369+SEC. 535. SHASTA DAM ENLARGEMENT 1
2370+No provision of State law shall preclude or otherwise 2
2371+prevent any public water agency, including a public agency 3
2372+of the State, that contracts for the delivery of CVP water 4
2373+from assisting or cooperating with, whether by loan, grant, 5
2374+license, or otherwise, the planning and construction of any 6
2375+project undertaken by the Bureau of Reclamation to en-7
2376+large Shasta Dam. 8
2377+Subtitle D—CVPIA Actions 9
2378+S
2379+EC. 541. CVPIA RESTORATION ACTIONS. 10
23942380 (a) R
2395-EFUGEWATERSUPPLYPROGRAM.—Not later 10
2396-than 2 years after the date of enactment of this Act, the 11
2397-Secretary of the Interior shall complete the refuge water 12
2398-supply program under section 3406(d) of the Central Val-13
2399-ley Project Improvement Act (title XXXIV of Public Law 14
2400-102–575; 106 Stat. 4722) and shall, within that 2-year 15
2401-period, give priority to completing the refuge water supply 16
2402-program when making funding decisions from the Central 17
2403-Valley Project Restoration Fund established under section 18
2404-3407 of the Central Valley Project Improvement Act (106 19
2405-Stat. 4726), the Infrastructure Investment and Jobs Act 20
2406-(Public Law 117–25), the Land and Water Conservation 21
2407-Fund Act (Public Law 88–578), and other sources of 22
2408-funding. 23
2409-(b) R
2410-ESTORATIONACTIONSDEEMEDCOMPLETE.— 24
2411-Upon completion of the refuge water supply program pur-25
2412-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2413-kjohnson on DSK7ZCZBW3PROD with $$_JOB 84
2414-HR 4394 PCS
2415-suant to subsection (a), or September 30, 2025, whichever 1
2416-occurs first, the Secretary of the Interior shall deem com-2
2417-plete the fish, wildlife, and habitat mitigation and restora-3
2418-tion actions mandated under section 3406 of the Central 4
2419-Valley Project Improvement Act (title XXXIV of Public 5
2420-Law 102–575; 106 Stat. 4714). 6
2421-Subtitle E—Water Supply Permitting Coordination Act 7
2422-S
2423-EC. 551. DEFINITIONS. 8
2424-In this subtitle: 9
2381+EFUGEWATERSUPPLYPROGRAM.—Not later 11
2382+than 2 years after the date of enactment of this Act, the 12
2383+Secretary of the Interior shall complete the refuge water 13
2384+supply program under section 3406(d) of the Central Val-14
2385+ley Project Improvement Act (title XXXIV of Public Law 15
2386+102–575; 106 Stat. 4722) and shall, within that 2-year 16
2387+period, give priority to completing the refuge water supply 17
2388+program when making funding decisions from the Central 18
2389+Valley Project Restoration Fund established under section 19
2390+3407 of the Central Valley Project Improvement Act (106 20
2391+Stat. 4726), the Infrastructure Investment and Jobs Act 21
2392+(Public Law 117–25), the Land and Water Conservation 22
2393+Fund Act (Public Law 88–578), and other sources of 23
2394+funding. 24
2395+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2396+kjohnson on DSK79L0C42PROD with BILLS 84
2397+•HR 4394 RH
2398+(b) RESTORATIONACTIONSDEEMEDCOMPLETE.— 1
2399+Upon completion of the refuge water supply program pur-2
2400+suant to subsection (a), or September 30, 2025, whichever 3
2401+occurs first, the Secretary of the Interior shall deem com-4
2402+plete the fish, wildlife, and habitat mitigation and restora-5
2403+tion actions mandated under section 3406 of the Central 6
2404+Valley Project Improvement Act (title XXXIV of Public 7
2405+Law 102–575; 106 Stat. 4714). 8
2406+Subtitle E—Water Supply Permitting Coordination Act 9
2407+S
2408+EC. 551. DEFINITIONS. 10
2409+In this subtitle: 11
24252410 (1) B
2426-UREAU.—The term ‘‘Bureau’’ means the 10
2427-Bureau of Reclamation. 11
2411+UREAU.—The term ‘‘Bureau’’ means the 12
2412+Bureau of Reclamation. 13
24282413 (2) C
2429-OOPERATING AGENCIES .—The term ‘‘co-12
2430-operating agency’’ means a Federal agency with ju-13
2431-risdiction over a review, analysis, opinion, statement, 14
2432-permit, license, or other approval or decision re-15
2433-quired for a qualifying project under applicable Fed-16
2434-eral laws and regulations, or a State agency subject 17
2435-to section 503(c). 18
2414+OOPERATING AGENCIES .—The term ‘‘co-14
2415+operating agency’’ means a Federal agency with ju-15
2416+risdiction over a review, analysis, opinion, statement, 16
2417+permit, license, or other approval or decision re-17
2418+quired for a qualifying project under applicable Fed-18
2419+eral laws and regulations, or a State agency subject 19
2420+to section 503(c). 20
24362421 (3) Q
2437-UALIFYING PROJECTS.—The term ‘‘quali-19
2438-fying projects’’ means new surface water storage 20
2439-projects in the States covered under the Act of June 21
2440-17, 1902 (32 Stat. 388, chapter 1093), and Acts 22
2441-supplemental to and amendatory of that Act (43 23
2442-U.S.C. 371 et seq.) constructed on lands adminis-24
2443-tered by the Department of the Interior or the De-25
2444-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2445-kjohnson on DSK7ZCZBW3PROD with $$_JOB 85
2446-HR 4394 PCS
2447-partment of Agriculture, exclusive of any easement, 1
2448-right-of-way, lease, or any private holding, if the 2
2449-project applicant or sponsor elects to participate in 3
2450-the process authorized by this title. Such term shall 4
2451-also include State-led projects (as defined in section 5
2452-4007(a)(2) of the WIIN Act) for new surface water 6
2453-storage projects in the States covered under the Act 7
2454-of June 17, 1902 (32 Stat. 388, chapter 1093), and 8
2455-Acts supplemental to and amendatory of that Act 9
2456-(43 U.S.C. 371 et seq.) constructed on lands admin-10
2457-istered by the Department of the Interior or the De-11
2458-partment of Agriculture, exclusive of any easement, 12
2459-right-of-way, lease, or any private holding, unless the 13
2460-project applicant elects not to participate in the 14
2461-process authorized by this title. 15
2422+UALIFYING PROJECTS.—The term ‘‘quali-21
2423+fying projects’’ means new surface water storage 22
2424+projects in the States covered under the Act of June 23
2425+17, 1902 (32 Stat. 388, chapter 1093), and Acts 24
2426+supplemental to and amendatory of that Act (43 25
2427+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2428+kjohnson on DSK79L0C42PROD with BILLS 85
2429+•HR 4394 RH
2430+U.S.C. 371 et seq.) constructed on lands adminis-1
2431+tered by the Department of the Interior or the De-2
2432+partment of Agriculture, exclusive of any easement, 3
2433+right-of-way, lease, or any private holding, if the 4
2434+project applicant or sponsor elects to participate in 5
2435+the process authorized by this title. Such term shall 6
2436+also include State-led projects (as defined in section 7
2437+4007(a)(2) of the WIIN Act) for new surface water 8
2438+storage projects in the States covered under the Act 9
2439+of June 17, 1902 (32 Stat. 388, chapter 1093), and 10
2440+Acts supplemental to and amendatory of that Act 11
2441+(43 U.S.C. 371 et seq.) constructed on lands admin-12
2442+istered by the Department of the Interior or the De-13
2443+partment of Agriculture, exclusive of any easement, 14
2444+right-of-way, lease, or any private holding, unless the 15
2445+project applicant elects not to participate in the 16
2446+process authorized by this title. 17
24622447 (4) S
2463-ECRETARY.—The term ‘‘Secretary’’ means 16
2464-the Secretary of the Interior. 17
2465-S
2466-EC. 552. ESTABLISHMENT OF LEAD AGENCY AND 18
2467-COOPERATING AGENCIES . 19
2448+ECRETARY.—The term ‘‘Secretary’’ means 18
2449+the Secretary of the Interior. 19
2450+S
2451+EC. 552. ESTABLISHMENT OF LEAD AGENCY AND 20
2452+COOPERATING AGENCIES . 21
24682453 (a) E
2469-STABLISHMENT OF LEADAGENCY.—The Bu-20
2470-reau is established as the lead agency for purposes of co-21
2471-ordinating all reviews, analyses, opinions, statements, per-22
2472-mits, licenses, or other approvals or decisions required 23
2473-under Federal law to construct qualifying projects. 24
2474-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2475-kjohnson on DSK7ZCZBW3PROD with $$_JOB 86
2476-HR 4394 PCS
2477-(b) IDENTIFICATION AND ESTABLISHMENT OF CO-1
2478-OPERATINGAGENCIES.—The Commissioner of the Bureau 2
2479-shall— 3
2480-(1) identify, as early as practicable upon receipt 4
2481-of an application for a qualifying project, any Fed-5
2482-eral agency that may have jurisdiction over a review, 6
2483-analysis, opinion, statement, permit, license, ap-7
2484-proval, or decision required for a qualifying project 8
2485-under applicable Federal laws and regulations; and 9
2486-(2) notify any such agency, within a reasonable 10
2487-timeframe, that the agency has been designated as 11
2488-a cooperating agency in regards to the qualifying 12
2489-project unless that agency responds to the Bureau in 13
2490-writing, within a timeframe set forth by the Bureau, 14
2491-notifying the Bureau that the agency— 15
2492-(A) has no jurisdiction or authority with 16
2493-respect to the qualifying project; 17
2494-(B) has no expertise or information rel-18
2495-evant to the qualifying project or any review, 19
2496-analysis, opinion, statement, permit, license, or 20
2497-other approval or decision associated therewith; 21
2498-or 22
2499-(C) does not intend to submit comments 23
2500-on the qualifying project or conduct any review 24
2501-of such a project or make any decision with re-25
2502-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2503-kjohnson on DSK7ZCZBW3PROD with $$_JOB 87
2504-HR 4394 PCS
2505-spect to such project in a manner other than in 1
2506-cooperation with the Bureau. 2
2454+STABLISHMENT OF LEADAGENCY.—The Bu-22
2455+reau is established as the lead agency for purposes of co-23
2456+ordinating all reviews, analyses, opinions, statements, per-24
2457+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2458+kjohnson on DSK79L0C42PROD with BILLS 86
2459+•HR 4394 RH
2460+mits, licenses, or other approvals or decisions required 1
2461+under Federal law to construct qualifying projects. 2
2462+(b) I
2463+DENTIFICATION AND ESTABLISHMENT OF CO-3
2464+OPERATINGAGENCIES.—The Commissioner of the Bureau 4
2465+shall— 5
2466+(1) identify, as early as practicable upon receipt 6
2467+of an application for a qualifying project, any Fed-7
2468+eral agency that may have jurisdiction over a review, 8
2469+analysis, opinion, statement, permit, license, ap-9
2470+proval, or decision required for a qualifying project 10
2471+under applicable Federal laws and regulations; and 11
2472+(2) notify any such agency, within a reasonable 12
2473+timeframe, that the agency has been designated as 13
2474+a cooperating agency in regards to the qualifying 14
2475+project unless that agency responds to the Bureau in 15
2476+writing, within a timeframe set forth by the Bureau, 16
2477+notifying the Bureau that the agency— 17
2478+(A) has no jurisdiction or authority with 18
2479+respect to the qualifying project; 19
2480+(B) has no expertise or information rel-20
2481+evant to the qualifying project or any review, 21
2482+analysis, opinion, statement, permit, license, or 22
2483+other approval or decision associated therewith; 23
2484+or 24
2485+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2486+kjohnson on DSK79L0C42PROD with BILLS 87
2487+•HR 4394 RH
2488+(C) does not intend to submit comments 1
2489+on the qualifying project or conduct any review 2
2490+of such a project or make any decision with re-3
2491+spect to such project in a manner other than in 4
2492+cooperation with the Bureau. 5
25072493 (c) S
2508-TATEAUTHORITY.—A State in which a quali-3
2509-fying project is being considered may choose, consistent 4
2510-with State law— 5
2511-(1) to participate as a cooperating agency; and 6
2512-(2) to make subject to the processes of this sub-7
2513-title all State agencies that— 8
2514-(A) have jurisdiction over the qualifying 9
2515-project; 10
2516-(B) are required to conduct or issue a re-11
2517-view, analysis, or opinion for the qualifying 12
2518-project; or 13
2519-(C) are required to make a determination 14
2520-on issuing a permit, license, or approval for the 15
2521-qualifying project. 16
2522-S
2523-EC. 553. BUREAU RESPONSIBILITIES. 17
2494+TATEAUTHORITY.—A State in which a quali-6
2495+fying project is being considered may choose, consistent 7
2496+with State law— 8
2497+(1) to participate as a cooperating agency; and 9
2498+(2) to make subject to the processes of this sub-10
2499+title all State agencies that— 11
2500+(A) have jurisdiction over the qualifying 12
2501+project; 13
2502+(B) are required to conduct or issue a re-14
2503+view, analysis, or opinion for the qualifying 15
2504+project; or 16
2505+(C) are required to make a determination 17
2506+on issuing a permit, license, or approval for the 18
2507+qualifying project. 19
2508+S
2509+EC. 553. BUREAU RESPONSIBILITIES. 20
25242510 (a) I
2525-NGENERAL.—The principal responsibilities of 18
2526-the Bureau under this subtitle are— 19
2527-(1) to serve as the point of contact for appli-20
2528-cants, State agencies, Indian Tribes, and others re-21
2529-garding proposed qualifying projects; 22
2530-(2) to coordinate preparation of unified environ-23
2531-mental documentation that will serve as the basis for 24
2532-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2533-kjohnson on DSK7ZCZBW3PROD with $$_JOB 88
2534-HR 4394 PCS
2535-all Federal decisions necessary to authorize the use 1
2536-of Federal lands for qualifying projects; and 2
2537-(3) to coordinate all Federal agency reviews 3
2538-necessary for project development and construction 4
2539-of qualifying projects. 5
2511+NGENERAL.—The principal responsibilities of 21
2512+the Bureau under this subtitle are— 22
2513+(1) to serve as the point of contact for appli-23
2514+cants, State agencies, Indian Tribes, and others re-24
2515+garding proposed qualifying projects; 25
2516+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2517+kjohnson on DSK79L0C42PROD with BILLS 88
2518+•HR 4394 RH
2519+(2) to coordinate preparation of unified environ-1
2520+mental documentation that will serve as the basis for 2
2521+all Federal decisions necessary to authorize the use 3
2522+of Federal lands for qualifying projects; and 4
2523+(3) to coordinate all Federal agency reviews 5
2524+necessary for project development and construction 6
2525+of qualifying projects. 7
25402526 (b) C
2541-OORDINATION PROCESS.—The Bureau shall 6
2542-have the following coordination responsibilities: 7
2527+OORDINATION PROCESS.—The Bureau shall 8
2528+have the following coordination responsibilities: 9
25432529 (1) P
2544-REAPPLICATION COORDINATION .—Notify 8
2545-cooperating agencies of proposed qualifying projects 9
2546-not later than 30 days after receipt of a proposal 10
2547-and facilitate a preapplication meeting for prospec-11
2548-tive applicants, relevant Federal and State agencies, 12
2549-and Indian Tribes— 13
2550-(A) to explain applicable processes, data 14
2551-requirements, and applicant submissions nec-15
2552-essary to complete the required Federal agency 16
2553-reviews within the timeframe established; and 17
2554-(B) to establish the schedule for the quali-18
2555-fying project. 19
2530+REAPPLICATION COORDINATION .—Notify 10
2531+cooperating agencies of proposed qualifying projects 11
2532+not later than 30 days after receipt of a proposal 12
2533+and facilitate a preapplication meeting for prospec-13
2534+tive applicants, relevant Federal and State agencies, 14
2535+and Indian Tribes— 15
2536+(A) to explain applicable processes, data 16
2537+requirements, and applicant submissions nec-17
2538+essary to complete the required Federal agency 18
2539+reviews within the timeframe established; and 19
2540+(B) to establish the schedule for the quali-20
2541+fying project. 21
25562542 (2) C
2557-ONSULTATION WITH COOPERATING AGEN -20
2558-CIES.—Consult with the cooperating agencies 21
2559-throughout the Federal agency review process, iden-22
2560-tify and obtain relevant data in a timely manner, 23
2561-and set necessary deadlines for cooperating agencies. 24
2562-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2563-kjohnson on DSK7ZCZBW3PROD with $$_JOB 89
2564-HR 4394 PCS
2565-(3) SCHEDULE.—Work with the qualifying 1
2566-project applicant and cooperating agencies to estab-2
2567-lish a project schedule. In establishing the schedule, 3
2568-the Bureau shall consider, among other factors— 4
2569-(A) the responsibilities of cooperating 5
2570-agencies under applicable laws and regulations; 6
2571-(B) the resources available to the cooper-7
2572-ating agencies and the non-Federal qualifying 8
2573-project sponsor, as applicable; 9
2574-(C) the overall size and complexity of the 10
2575-qualifying project; 11
2576-(D) the overall schedule for and cost of the 12
2577-qualifying project; and 13
2578-(E) the sensitivity of the natural and his-14
2579-toric resources that may be affected by the 15
2580-qualifying project. 16
2543+ONSULTATION WITH COOPERATING AGEN -22
2544+CIES.—Consult with the cooperating agencies 23
2545+throughout the Federal agency review process, iden-24
2546+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2547+kjohnson on DSK79L0C42PROD with BILLS 89
2548+•HR 4394 RH
2549+tify and obtain relevant data in a timely manner, 1
2550+and set necessary deadlines for cooperating agencies. 2
2551+(3) S
2552+CHEDULE.—Work with the qualifying 3
2553+project applicant and cooperating agencies to estab-4
2554+lish a project schedule. In establishing the schedule, 5
2555+the Bureau shall consider, among other factors— 6
2556+(A) the responsibilities of cooperating 7
2557+agencies under applicable laws and regulations; 8
2558+(B) the resources available to the cooper-9
2559+ating agencies and the non-Federal qualifying 10
2560+project sponsor, as applicable; 11
2561+(C) the overall size and complexity of the 12
2562+qualifying project; 13
2563+(D) the overall schedule for and cost of the 14
2564+qualifying project; and 15
2565+(E) the sensitivity of the natural and his-16
2566+toric resources that may be affected by the 17
2567+qualifying project. 18
25812568 (4) E
2582-NVIRONMENTAL COMPLIANCE .—Prepare a 17
2583-unified environmental review document for each 18
2584-qualifying project application, incorporating a single 19
2585-environmental record on which all cooperating agen-20
2586-cies with authority to issue approvals for a given 21
2587-qualifying project shall base project approval deci-22
2588-sions. Help ensure that cooperating agencies make 23
2589-necessary decisions, within their respective authori-24
2590-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2591-kjohnson on DSK7ZCZBW3PROD with $$_JOB 90
2592-HR 4394 PCS
2593-ties, regarding Federal approvals in accordance with 1
2594-the following timelines: 2
2595-(A) Not later than 1 year after acceptance 3
2596-of a completed project application when an en-4
2597-vironmental assessment and finding of no sig-5
2598-nificant impact is determined to be the appro-6
2599-priate level of review under the National Envi-7
2600-ronmental Policy Act of 1969 (42 U.S.C. 4321 8
2601-et seq.). 9
2602-(B) Not later than 1 year and 30 days 10
2603-after the close of the public comment period for 11
2604-a draft environmental impact statement under 12
2605-the National Environmental Policy Act of 1969 13
2606-(42 U.S.C. 4321 et seq.), when an environ-14
2607-mental impact statement is required under the 15
2608-same. 16
2569+NVIRONMENTAL COMPLIANCE .—Prepare a 19
2570+unified environmental review document for each 20
2571+qualifying project application, incorporating a single 21
2572+environmental record on which all cooperating agen-22
2573+cies with authority to issue approvals for a given 23
2574+qualifying project shall base project approval deci-24
2575+sions. Help ensure that cooperating agencies make 25
2576+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2577+kjohnson on DSK79L0C42PROD with BILLS 90
2578+•HR 4394 RH
2579+necessary decisions, within their respective authori-1
2580+ties, regarding Federal approvals in accordance with 2
2581+the following timelines: 3
2582+(A) Not later than 1 year after acceptance 4
2583+of a completed project application when an en-5
2584+vironmental assessment and finding of no sig-6
2585+nificant impact is determined to be the appro-7
2586+priate level of review under the National Envi-8
2587+ronmental Policy Act of 1969 (42 U.S.C. 4321 9
2588+et seq.). 10
2589+(B) Not later than 1 year and 30 days 11
2590+after the close of the public comment period for 12
2591+a draft environmental impact statement under 13
2592+the National Environmental Policy Act of 1969 14
2593+(42 U.S.C. 4321 et seq.), when an environ-15
2594+mental impact statement is required under the 16
2595+same. 17
26092596 (5) C
2610-ONSOLIDATED ADMINISTRATIVE 17
2611-RECORD.—Maintain a consolidated administrative 18
2612-record of the information assembled and used by the 19
2613-cooperating agencies as the basis for agency deci-20
2614-sions. 21
2597+ONSOLIDATED ADMINISTRATIVE 18
2598+RECORD.—Maintain a consolidated administrative 19
2599+record of the information assembled and used by the 20
2600+cooperating agencies as the basis for agency deci-21
2601+sions. 22
26152602 (6) P
2616-ROJECT DATA RECORDS .—To the extent 22
2617-practicable and consistent with Federal law, ensure 23
2618-that all project data is submitted and maintained in 24
2619-generally accessible electronic format, compile, and 25
2620-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2621-kjohnson on DSK7ZCZBW3PROD with $$_JOB 91
2622-HR 4394 PCS
2623-where authorized under existing law, make available 1
2624-such project data to cooperating agencies, the quali-2
2625-fying project applicant, and to the public. 3
2603+ROJECT DATA RECORDS .—To the extent 23
2604+practicable and consistent with Federal law, ensure 24
2605+that all project data is submitted and maintained in 25
2606+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2607+kjohnson on DSK79L0C42PROD with BILLS 91
2608+•HR 4394 RH
2609+generally accessible electronic format, compile, and 1
2610+where authorized under existing law, make available 2
2611+such project data to cooperating agencies, the quali-3
2612+fying project applicant, and to the public. 4
26262613 (7) P
2627-ROJECT MANAGER .—Appoint a project 4
2628-manager for each qualifying project. The project 5
2629-manager shall have authority to oversee the project 6
2630-and to facilitate the issuance of the relevant final 7
2631-authorizing documents, and shall be responsible for 8
2632-ensuring fulfillment of all Bureau responsibilities set 9
2633-forth in this section and all cooperating agency re-10
2634-sponsibilities under section 554. 11
2635-S
2636-EC. 554. COOPERATING AGENCY RESPONSIBILITIES . 12
2614+ROJECT MANAGER .—Appoint a project 5
2615+manager for each qualifying project. The project 6
2616+manager shall have authority to oversee the project 7
2617+and to facilitate the issuance of the relevant final 8
2618+authorizing documents, and shall be responsible for 9
2619+ensuring fulfillment of all Bureau responsibilities set 10
2620+forth in this section and all cooperating agency re-11
2621+sponsibilities under section 554. 12
2622+S
2623+EC. 554. COOPERATING AGENCY RESPONSIBILITIES . 13
26372624 (a) A
2638-DHERENCE TOBUREAUSCHEDULE.— 13
2625+DHERENCE TOBUREAUSCHEDULE.— 14
26392626 (1) T
2640-IMEFRAMES.—On notification of an appli-14
2641-cation for a qualifying project, the head of each co-15
2642-operating agency shall submit to the Bureau a time-16
2643-frame under which the cooperating agency reason-17
2644-ably will be able to complete the authorizing respon-18
2645-sibilities of the cooperating agency. 19
2627+IMEFRAMES.—On notification of an appli-15
2628+cation for a qualifying project, the head of each co-16
2629+operating agency shall submit to the Bureau a time-17
2630+frame under which the cooperating agency reason-18
2631+ably will be able to complete the authorizing respon-19
2632+sibilities of the cooperating agency. 20
26462633 (2) S
2647-CHEDULE.— 20
2634+CHEDULE.— 21
26482635 (A) U
2649-SE OF TIMEFRAMES .—The Bureau 21
2650-shall use the timeframes submitted under this 22
2651-subsection to establish the project schedule 23
2652-under section 504. 24
2653-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2654-kjohnson on DSK7ZCZBW3PROD with $$_JOB 92
2655-HR 4394 PCS
2636+SE OF TIMEFRAMES .—The Bureau 22
2637+shall use the timeframes submitted under this 23
2638+subsection to establish the project schedule 24
2639+under section 504. 25
2640+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2641+kjohnson on DSK79L0C42PROD with BILLS 92
2642+•HR 4394 RH
26562643 (B) ADHERENCE.—Each cooperating agen-1
26572644 cy shall adhere to the project schedule estab-2
26582645 lished by the Bureau under subparagraph (A). 3
26592646 (b) E
26602647 NVIRONMENTAL RECORD.—The head of each 4
26612648 cooperating agency shall submit to the Bureau all environ-5
26622649 mental review material produced or compiled in the course 6
26632650 of carrying out activities required under Federal law, con-7
26642651 sistent with the project schedule established by the Bureau 8
26652652 under subsection (a)(2). 9
26662653 (c) D
26672654 ATASUBMISSION.—To the extent practicable 10
26682655 and consistent with Federal law, the head of each cooper-11
26692656 ating agency shall submit all relevant project data to the 12
26702657 Bureau in a generally accessible electronic format, subject 13
26712658 to the project schedule established by the Bureau under 14
26722659 subsection (a)(2). 15
26732660 S
26742661 EC. 555. FUNDING TO PROCESS PERMITS . 16
26752662 (a) I
26762663 NGENERAL.—The Secretary, after public notice 17
26772664 in accordance with subchapter II of chapter 5, and chapter 18
26782665 7, of title 5, United States Code (commonly known as the 19
26792666 ‘‘Administrative Procedure Act’’), may accept and expend 20
26802667 funds, to the extent provided in advance in appropriations 21
26812668 Acts, contributed by a non-Federal public entity to expe-22
26822669 dite the evaluation of a permit of that entity related to 23
26832670 a qualifying project. 24
26842671 (b) E
26852672 FFECT ONPERMITTING.— 25
2686-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2687-kjohnson on DSK7ZCZBW3PROD with $$_JOB 93
2688-HR 4394 PCS
2673+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2674+kjohnson on DSK79L0C42PROD with BILLS 93
2675+•HR 4394 RH
26892676 (1) EVALUATION OF PERMITS .—In carrying out 1
26902677 this section, the Secretary shall ensure that the eval-2
26912678 uation of permits carried out using funds accepted 3
26922679 under this section shall— 4
26932680 (A) be reviewed by the Regional Director 5
26942681 of the Bureau of the region in which the quali-6
26952682 fying project or activity is located (or a des-7
26962683 ignee); and 8
26972684 (B) use the same procedures for decisions 9
26982685 that would otherwise be required for the evalua-10
26992686 tion of permits for similar projects or activities 11
27002687 not carried out using funds authorized under 12
27012688 this section. 13
27022689 (2) I
27032690 MPARTIAL DECISION MAKING .—In carrying 14
27042691 out this section, the Secretary shall ensure that the 15
27052692 use of the funds accepted under this section for a 16
27062693 qualifying project shall not— 17
27072694 (A) substantively or procedurally impact 18
27082695 impartial decision making with respect to the 19
27092696 issuance of permits; or 20
27102697 (B) diminish, modify, or otherwise affect 21
27112698 the statutory or regulatory authorities of the 22
27122699 cooperating agency. 23
27132700 (c) L
27142701 IMITATION ONUSE OFFUNDS.—None of the 24
27152702 funds accepted under this section shall be used to carry 25
2716-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2717-kjohnson on DSK7ZCZBW3PROD with $$_JOB 94
2718-HR 4394 PCS
2703+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2704+kjohnson on DSK79L0C42PROD with BILLS 94
2705+•HR 4394 RH
27192706 out a review of the evaluation of permits required under 1
27202707 subsection (b)(1)(A). 2
27212708 (d) P
27222709 UBLICAVAILABILITY.—The Secretary shall en-3
27232710 sure that all final permit decisions carried out using funds 4
27242711 authorized under this section are made available to the 5
27252712 public, including on the internet. 6
27262713 TITLE VI 7
27272714 GENERAL PROVISIONS 8
27282715 (INCLUDING TRANSFER OF FUNDS) 9
27292716 S
27302717 EC. 601. None of the funds appropriated by this Act 10
27312718 may be used in any way, directly or indirectly, to influence 11
27322719 congressional action on any legislation or appropriation 12
27332720 matters pending before Congress, other than to commu-13
27342721 nicate to Members of Congress as described in 18 U.S.C. 14
27352722 1913. 15
27362723 S
27372724 EC. 602. (a) None of the funds made available in 16
27382725 title III of this Act may be transferred to any department, 17
27392726 agency, or instrumentality of the United States Govern-18
27402727 ment, except pursuant to a transfer made by or transfer 19
27412728 authority provided in this Act or any other appropriations 20
27422729 Act for any fiscal year, transfer authority referenced in 21
27432730 the report accompanying this Act, or any authority where-22
27442731 by a department, agency, or instrumentality of the United 23
27452732 States Government may provide goods or services to an-24
27462733 other department, agency, or instrumentality. 25
2747-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2748-kjohnson on DSK7ZCZBW3PROD with $$_JOB 95
2749-HR 4394 PCS
2734+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2735+kjohnson on DSK79L0C42PROD with BILLS 95
2736+•HR 4394 RH
27502737 (b) None of the funds made available for any depart-1
27512738 ment, agency, or instrumentality of the United States 2
27522739 Government may be transferred to accounts funded in title 3
27532740 III of this Act, except pursuant to a transfer made by or 4
27542741 transfer authority provided in this Act or any other appro-5
27552742 priations Act for any fiscal year, transfer authority ref-6
27562743 erenced in the report accompanying this Act, or any au-7
27572744 thority whereby a department, agency, or instrumentality 8
27582745 of the United States Government may provide goods or 9
27592746 services to another department, agency, or instrumen-10
27602747 tality. 11
27612748 (c) The head of any relevant department or agency 12
27622749 funded in this Act utilizing any transfer authority shall 13
27632750 submit to the Committees on Appropriations of both 14
27642751 Houses of Congress a semiannual report detailing the 15
27652752 transfer authorities, except for any authority whereby a 16
27662753 department, agency, or instrumentality of the United 17
27672754 States Government may provide goods or services to an-18
27682755 other department, agency, or instrumentality, used in the 19
27692756 previous 6 months and in the year-to-date. This report 20
27702757 shall include the amounts transferred and the purposes 21
27712758 for which they were transferred, and shall not replace or 22
27722759 modify existing notification requirements for each author-23
27732760 ity. 24
2774-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2775-kjohnson on DSK7ZCZBW3PROD with $$_JOB 96
2776-HR 4394 PCS
2761+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2762+kjohnson on DSK79L0C42PROD with BILLS 96
2763+•HR 4394 RH
27772764 SEC. 603. (a) None of the funds made available in 1
27782765 this Act may be used to maintain or establish a computer 2
27792766 network unless such network blocks the viewing, 3
27802767 downloading, and exchanging of pornography. 4
27812768 (b) Nothing in subsection (a) shall limit the use of 5
27822769 funds necessary for any Federal, State, Tribal, or local 6
27832770 law enforcement agency or any other entity carrying out 7
27842771 criminal investigations, prosecution, or adjudication activi-8
27852772 ties. 9
27862773 S
27872774 EC. 604. (a) No federal monies shall be expended 10
27882775 in furtherance of any agreement among private entities 11
27892776 for consolidated interim storage of spent nuclear fuel that 12
27902777 is not specifically authorized under federal law until such 13
27912778 time that host state and local governments and any af-14
27922779 fected Indian tribes have formalized their consent. 15
27932780 (b) Provided that the prohibition provided for in this 16
27942781 section shall not apply to facilities presently storing com-17
27952782 mercial spent nuclear fuel, pursuant to an NRC license, 18
27962783 as of the date of enactment of this Act. 19
27972784 (c) For purposes of this section, ‘‘spent nuclear fuel’’ 20
27982785 shall have the same meaning as provided in section 2 of 21
27992786 the Nuclear Waste Policy Act of 1982. 22
28002787 S
28012788 EC. 605. None of the funds made available by this 23
28022789 Act may be used to carry out any program, project, or 24
2803-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2804-kjohnson on DSK7ZCZBW3PROD with $$_JOB 97
2805-HR 4394 PCS
2790+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2791+kjohnson on DSK79L0C42PROD with BILLS 97
2792+•HR 4394 RH
28062793 activity that promotes or advances Critical Race Theory 1
28072794 or any concept associated with Critical Race Theory. 2
28082795 S
28092796 EC. 606. None of the funds appropriated or other-3
28102797 wise made available by this Act may be made available 4
28112798 to implement, administer, apply, enforce, or carry out the 5
28122799 Equity Action Plan of the Department of Energy, or Exec-6
28132800 utive Order 13985 of January 20, 2021 (86 Fed. Reg. 7
28142801 7009, relating to advancing racial equity and support for 8
28152802 underserved communities through the Federal Govern-9
28162803 ment), Executive Order 14035 of June 25, 2021 (86 Fed. 10
28172804 Reg. 34593, relating to diversity, equity, inclusion, and 11
28182805 accessibility in the Federal workforce), or Executive Order 12
28192806 14091 of February 16, 2023 (88 Fed. Reg. 10825, relat-13
28202807 ing to further advancing racial equity and support for un-14
28212808 derserved communities through the Federal Government). 15
28222809 S
28232810 EC. 607. (a) In general.—Notwithstanding section 16
28242811 7 of title 1, United States Code, section 1738C of title 17
28252812 28, United States Code, or any other provision of law, 18
28262813 none of the funds provided by this Act, or previous appro-19
28272814 priations Acts, shall be used in whole or in part to take 20
28282815 any discriminatory action against a person, wholly or par-21
28292816 tially, on the basis that such person speaks, or acts, in 22
28302817 accordance with a sincerely held religious belief, or moral 23
28312818 conviction, that marriage is, or should be recognized as, 24
28322819 a union of one man and one woman. 25
2833-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2834-kjohnson on DSK7ZCZBW3PROD with $$_JOB 98
2835-HR 4394 PCS
2820+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2821+kjohnson on DSK79L0C42PROD with BILLS 98
2822+•HR 4394 RH
28362823 (b) Discriminatory action defined.—As used in sub-1
28372824 section (a), a discriminatory action means any action 2
28382825 taken by the Federal Government to— 3
28392826 (1) alter in any way the Federal tax treatment 4
28402827 of, or cause any tax, penalty, or payment to be as-5
28412828 sessed against, or deny, delay, or revoke an exemp-6
28422829 tion from taxation under section 501(a) of the Inter-7
28432830 nal Revenue Code of 1986 of, any person referred to 8
28442831 in subsection (a); 9
28452832 (2) disallow a deduction for Federal tax pur-10
28462833 poses of any charitable contribution made to or by 11
28472834 such person; 12
28482835 (3) withhold, reduce the amount or funding for, 13
28492836 exclude, terminate, or otherwise make unavailable or 14
28502837 deny, any Federal grant, contract, subcontract, co-15
28512838 operative agreement, guarantee, loan, scholarship, li-16
28522839 cense, certification, accreditation, employment, or 17
28532840 other similar position or status from or to such per-18
28542841 son; 19
28552842 (4) withhold, reduce, exclude, terminate, or oth-20
28562843 erwise make unavailable or deny, any entitlement or 21
28572844 benefit under a Federal benefit program, including 22
28582845 admission to, equal treatment in, or eligibility for a 23
28592846 degree from an educational program, from or to 24
28602847 such person; or 25
2861-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2862-kjohnson on DSK7ZCZBW3PROD with $$_JOB 99
2863-HR 4394 PCS
2848+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2849+kjohnson on DSK79L0C42PROD with BILLS 99
2850+•HR 4394 RH
28642851 (5) withhold, reduce, exclude, terminate, or oth-1
28652852 erwise make unavailable or deny access or an entitle-2
28662853 ment to Federal property, facilities, educational in-3
28672854 stitutions, speech fora (including traditional, limited, 4
28682855 and nonpublic fora), or charitable fundraising cam-5
28692856 paigns from or to such person. 6
28702857 (c) Accreditation; Licensure; Certification.—The 7
28712858 Federal Government shall consider accredited, licensed, or 8
28722859 certified for purposes of Federal law any person that 9
28732860 would be accredited, licensed, or certified, respectively, for 10
28742861 such purposes but for a determination against such person 11
28752862 wholly or partially on the basis that the person speaks, 12
28762863 or acts, in accordance with a sincerely held religious belief 13
28772864 or moral conviction described in subsection (a). 14
28782865 S
28792866 EC. 608. None of the funds made available by this 15
28802867 Act may be used to finalize, implement, administer, apply, 16
28812868 or enforce the proposed rule entitled ‘‘Energy Conserva-17
28822869 tion Program: Energy Conservation Standards for Resi-18
28832870 dential Clothes Washers’’ published by the Department of 19
28842871 Energy in the Federal Register on March 3, 2023 (88 20
28852872 Fed. Reg. 13520), or any substantively similar rule. 21
28862873 S
28872874 EC. 609. None of the funds made available by this 22
28882875 Act may be used to implement, administer, apply, enforce, 23
28892876 or carry out any diversity, equity, and inclusion office, pro-24
28902877 gram, or training. 25
2891-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2892-kjohnson on DSK7ZCZBW3PROD with $$_JOB 100
2893-HR 4394 PCS
2878+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2879+kjohnson on DSK79L0C42PROD with BILLS 100
2880+•HR 4394 RH
28942881 SEC. 610. None of the funds made available by this 1
28952882 Act may be used to implement or enforce section 370 of 2
28962883 Public Law 116–283 with respect to civil works projects. 3
28972884 S
28982885 EC. 611. None of the funds made available by this 4
28992886 Act may be used by the Department of Energy to award 5
29002887 any grant, contract, subcontract, award, loan, program, 6
29012888 support, or other activity, to any entity who enters into, 7
29022889 or maintains, partnerships or licensing agreements with 8
29032890 any entity of concern, as defined in section 10114 of title 9
29042891 I of division B of Public Law 117–167. 10
29052892 STATE-OWNED ENTERPRISES PROHIBITION 11
29062893 S
29072894 EC. 612. (a) INNOVATE INAMERICA.—None of the 12
29082895 funds made available by this Act may be used by the Sec-13
29092896 retary of Energy to award a contract, subcontract, grant, 14
29102897 or loan to an entity that— 15
29112898 (1) is owned or controlled by, is a subsidiary of, 16
29122899 or is otherwise related legally or financially to a cor-17
29132900 poration based in a country that— 18
29142901 (A) is identified as a nonmarket economy 19
29152902 country (as defined in section 771(18) of the 20
29162903 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 21
29172904 the date of enactment of this Act; 22
29182905 (B) was identified by the United States 23
29192906 Trade Representative in the most recent report 24
29202907 required by section 182 of the Trade Act of 25
2921-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2922-kjohnson on DSK7ZCZBW3PROD with $$_JOB 101
2923-HR 4394 PCS
2908+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2909+kjohnson on DSK79L0C42PROD with BILLS 101
2910+•HR 4394 RH
29242911 1974 (19 U.S.C. 2242) as a priority foreign 1
29252912 country under subsection (a)(2) of that section; 2
29262913 and 3
29272914 (C) is subject to monitoring by the Trade 4
29282915 Representative under section 306 of the Trade 5
29292916 Act of 1974 (19 U.S.C. 2416); or 6
29302917 (2) is listed pursuant to section 9(b)(3) of the 7
29312918 Uyghur Human Rights Policy Act of 2020 (Public 8
29322919 Law 116–145). 9
29332920 (b) E
29342921 XCEPTION.—For purposes of subsection (a), the 10
29352922 Secretary of Energy may issue a waiver, to be made pub-11
29362923 licly available, to an entity in which the legal or financial 12
29372924 connection to a corporation is a minority relationship or 13
29382925 investment. 14
29392926 (c) I
29402927 NTERNATIONAL AGREEMENTS.—This section 15
29412928 shall be applied in a manner consistent with the obliga-16
29422929 tions of the United States under applicable international 17
29432930 agreements. 18
29442931 S
29452932 PENDINGREDUCTIONACCOUNT 19
29462933 S
29472934 EC. 613. $0. 20
2948-S
2949-EC. 614. None of the funds appropriated or other-21
2950-wise made available by this Act may be made available 22
2951-to finalize any rule or regulation that meets the definition 23
2952-of section 804(2)(A) of title 5, United States Code. 24
2953-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2954-kjohnson on DSK7ZCZBW3PROD with $$_JOB 102
2955-HR 4394 PCS
2956-SEC. 615. None of the funds made available by this 1
2957-Act may be used to implement, administer, or enforce the 2
2958-final rule of the Department of Energy entitled ‘‘Energy 3
2959-Conservation Program: Energy Conservation Standards 4
2960-for Consumer Furnaces’’ signed on September 28, 2023 5
2961-(Docket ID: EERE–2014–BT–STD–0031; RIN 1904– 6
2962-AD20). 7
2963-S
2964-EC. 616. None of the funds made available by this 8
2965-Act may be used to implement the Industrial 9
2966-Decarbonization Roadmap published by the Department 10
2967-of Energy and dated September 2022 (DOE/EE–2635). 11
2968-S
2969-EC. 617. None of the funds made available by this 12
2970-Act may be used to finalize, implement, administer, or en-13
2971-force the proposed rule entitled ‘‘Energy Conservation 14
2972-Program: Energy Conservation Standards for Consumer 15
2973-Water Heaters’’ published by the Department of Energy 16
2974-in the Federal Register on July 28, 2023 (88 Fed. Reg. 17
2975-49058). 18
2976-S
2977-EC. 618. None of the funds made available by this 19
2978-Act may be used by the National Nuclear Security Admin-20
2979-istration to halt the construction of a High Explosive Syn-21
2980-thesis, Formulation, and Production facility at the Pantex 22
2981-Plant near Amarillo, Texas. 23
2982-S
2983-EC. 619. None of the funds appropriated or other-24
2984-wise made available by this Act may be used to admit any 25
2985-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
2986-kjohnson on DSK7ZCZBW3PROD with $$_JOB 103
2987-HR 4394 PCS
2988-individual who is a citizen of any country on the current 1
2989-list of sensitive countries to any facility of a national secu-2
2990-rity laboratory, as such term is defined in section 4002 3
2991-of the Atomic Energy Defense Act, other than areas acces-4
2992-sible to the general public. 5
2993-S
2994-EC. 620. None of the funds made available by this 6
2995-Act may be used to implement or enforce Corps of Engi-7
2996-neers memorandum CERE-AP, issued by the South At-8
2997-lantic division on July 9, 1996, relating to ‘‘Approval of 9
2998-Perpetual Beach Storm Damage Reduction Easement as 10
2999-a Standard Estate’’. 11
3000-S
3001-EC. 621. None of the funds made available by this 12
3002-Act may be used to close the Toto Creek, Bolding Mill, 13
3003-Duckett Mill, Old Federal, Van Pugh South Campground, 14
3004-Sawnee, or Bald Ridge Creek campgrounds located at 15
3005-Lake Sidney Lanier, Georgia. 16
3006-S
3007-EC. 622. None of the funds made available by this 17
3008-Act may be used to carry out the final rule titled ‘‘Energy 18
3009-Conservation Program: Energy Conservation Standards 19
3010-for Manufactured Housing’’ (88 Fed. Reg. 32728 (May 20
3011-31, 2022)). 21
3012-S
3013-EC. 623. None of the funds made available by this 22
3014-Act may be used for the Interagency Working Group on 23
3015-the Social Cost of Greenhouse Gases. 24
3016-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
3017-kjohnson on DSK7ZCZBW3PROD with $$_JOB 104
3018-HR 4394 PCS
3019-SEC. 624. None of the funds made available by this 1
3020-Act may be used to consider the social cost of greenhouse 2
3021-gases in the development and implementation of a budget 3
3022-for a Federal agency, in any Federal procurement proc-4
3023-esses, or when preparing an environmental review pursu-5
3024-ant to the National Environmental Policy Act of 1969 (42 6
3025-U.S.C. 4321 et seq.). 7
3026-S
3027-EC. 625. None of the funds made available by this 8
3028-Act may be used to enforce any COVID–19 mask man-9
3029-dates. 10
3030-S
3031-EC. 626. None of the funds made available by this 11
3032-Act may be used to finalize the rule entitled ‘‘Energy Con-12
3033-servation Program: Energy Conservation Standards for 13
3034-Automatic Commercial Ice Makers’’ published by the De-14
3035-partment of Energy in the Federal Register on September 15
3036-25, 2023 (88 Fed. Reg. 65628). 16
3037-S
3038-EC. 627. None of the funds made available by this 17
3039-Act may be used to implement, administer, or enforce the 18
3040-rule entitled ‘‘Energy Conservation Program: Energy Con-19
3041-servation Standards for Room Air Conditioners’’ published 20
3042-by the Department of Energy in the Federal Register on 21
3043-May 26, 2023 (88 Fed. Reg. 34298). 22
3044-S
3045-EC. 628. None of the funds made available by this 23
3046-Act may be used for the Department of Energy Office of 24
3047-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
3048-kjohnson on DSK7ZCZBW3PROD with $$_JOB 105
3049-HR 4394 PCS
3050-Science’s Office of Scientific Workforce Diversity, Equity, 1
3051-and Inclusion. 2
3052-S
3053-EC. 629. None of the funds made available by this 3
3054-Act may be used for the American Climate Corps. 4
3055-This Act may be cited as the ‘‘Energy and Water De-5
3056-velopment and Related Agencies Appropriations Act, 6
3057-2024’’. 7
3058-Passed the House of Representatives October 26,
3059-2023.
3060-Attest: KEVIN F. MCCUMBER,
3061-Clerk.
3062-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.PCS H4394
3063-kjohnson on DSK7ZCZBW3PROD with $$_JOB Calendar No.
3064-233
2935+This Act may be cited as the ‘‘Energy and Water De-21
2936+velopment and Related Agencies Appropriations Act, 22
2937+2024’’. 23
2938+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4394.RH H4394
2939+kjohnson on DSK79L0C42PROD with BILLS Union Calendar No.
2940+98
30652941 118
30662942 TH
30672943 CONGRESS
30682944 1
30692945 ST
30702946 S
30712947 ESSION
30722948
30732949 H. R. 4394
3074-AN ACT
2950+[Report No. 118–126]
2951+A BILL
30752952 Making appropriations for energy and water devel-
30762953 opment and related agencies for the fiscal year
30772954 ending September 30, 2024, and for other pur-
30782955 poses.
3079-N
3080-OVEMBER
3081-1, 2023
3082-Received; read twice and placed on the calendar
3083-VerDate Sep 11 2014 02:45 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00106 Fmt 6651 Sfmt 6651 E:\BILLS\H4394.PCS H4394
3084-kjohnson on DSK7ZCZBW3PROD with $$_JOB
2956+J
2957+UNE
2958+30, 2023
2959+Committed to the Committee of the Whole House on the
2960+State of the Union and ordered to be printed
2961+VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00102 Fmt 6651 Sfmt 6651 E:\BILLS\H4394.RH H4394
2962+kjohnson on DSK79L0C42PROD with BILLS