Us Congress House Bill HB4394 Latest Draft

                            II 
Calendar No. 233 
118THCONGRESS 
1
STSESSION H. R. 4394 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER1, 2023 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for energy and water development 
and related agencies for the fiscal year ending September 
30, 2024, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That 3
TITLE I 4
CORPS OF ENGINEERS—CIVIL 5
DEPARTMENT OF THE ARMY 6
C
ORPS OFENGINEERS—CIVIL 7
The following appropriations shall be expended under 8
the direction of the Secretary of the Army and the super-9
vision of the Chief of Engineers for authorized civil func-10
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tions of the Department of the Army pertaining to river 1
and harbor, flood and storm damage reduction, shore pro-2
tection, aquatic ecosystem restoration, and related efforts. 3
INVESTIGATIONS 4
For expenses necessary where authorized by law for 5
the collection and study of basic information pertaining 6
to river and harbor, flood and storm damage reduction, 7
shore protection, aquatic ecosystem restoration, and re-8
lated needs; for surveys and detailed studies, and plans 9
and specifications of proposed river and harbor, flood and 10
storm damage reduction, shore protection, and aquatic 11
ecosystem restoration projects, and related efforts prior to 12
construction; for restudy of authorized projects; and for 13
miscellaneous investigations, and, when authorized by law, 14
surveys and detailed studies, and plans and specifications 15
of projects prior to construction, $136,087,000 (reduced 16
by $1,000,000) (increased by $1,000,000) (increased by 17
$10,000,000) (reduced by $10,000,000), to remain avail-18
able until expended: Provided, That the Secretary shall not 19
deviate from the work plan, once the plan has been sub-20
mitted to the Committees on Appropriations of both 21
Houses of Congress. 22
CONSTRUCTION 23
For expenses necessary for the construction of river 24
and harbor, flood and storm damage reduction, shore pro-25
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tection, aquatic ecosystem restoration, and related 1
projects authorized by law; for conducting detailed studies, 2
and plans and specifications, of such projects (including 3
those involving participation by States, local governments, 4
or private groups) authorized or made eligible for selection 5
by law (but such detailed studies, and plans and specifica-6
tions, shall not constitute a commitment of the Govern-7
ment to construction); $2,889,942,000 (increased by 8
$1,746,000,000) (reduced by $1,746,000,000) (increased 9
by $10,000,000) (reduced by $10,000,000), to remain 10
available until expended; of which $74,152,000, to be de-11
rived from the Harbor Maintenance Trust Fund, shall be 12
to cover the Federal share of construction costs for facili-13
ties under the Dredged Material Disposal Facilities pro-14
gram; and of which such sums as are necessary to cover 15
35 percent of the costs of construction, replacement, reha-16
bilitation, and expansion of inland waterways projects 17
shall be derived from the Inland Waterways Trust Fund, 18
except as otherwise specifically provided for in law: Pro-19
vided, That the Secretary shall not deviate from the work 20
plan, once the plan has been submitted to the Committees 21
on Appropriations of both Houses of Congress. 22
MISSISSIPPI RIVER AND TRIBUTARIES 23
For expenses necessary for flood damage reduction 24
projects and related efforts in the Mississippi River allu-25
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vial valley below Cape Girardeau, Missouri, as authorized 1
by law, $364,349,000, to remain available until expended, 2
of which $5,457,000, to be derived from the Harbor Main-3
tenance Trust Fund, shall be to cover the Federal share 4
of eligible operation and maintenance costs for inland har-5
bors: Provided, That the Secretary shall not deviate from 6
the work plan, once the plan has been submitted to the 7
Committees on Appropriations of both Houses of Con-8
gress. 9
OPERATION AND MAINTENANCE 10
For expenses necessary for the operation, mainte-11
nance, and care of existing river and harbor, flood and 12
storm damage reduction, aquatic ecosystem restoration, 13
and related projects authorized by law; providing security 14
for infrastructure owned or operated by the Corps, includ-15
ing administrative buildings and laboratories; maintaining 16
harbor channels provided by a State, municipality, or 17
other public agency that serve essential navigation needs 18
of general commerce, where authorized by law; surveying 19
and charting northern and northwestern lakes and con-20
necting waters; clearing and straightening channels; and 21
removing obstructions to navigation, $5,496,622,000 (in-22
creased by $3,000,000) (reduced by $3,000,000), to re-23
main available until expended, of which $2,691,391,000, 24
to be derived from the Harbor Maintenance Trust Fund, 25
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shall be to cover the Federal share of eligible operations 1
and maintenance costs for coastal harbors and channels, 2
and for inland harbors; of which such sums as become 3
available from the special account for the Corps of Engi-4
neers established by the Land and Water Conservation 5
Fund Act of 1965 shall be derived from that account for 6
resource protection, research, interpretation, and mainte-7
nance activities related to resource protection in the areas 8
at which outdoor recreation is available; of which such 9
sums as become available from fees collected under section 10
217 of Public Law 104–303 shall be used to cover the 11
cost of operation and maintenance of the dredged material 12
disposal facilities for which such fees have been collected; 13
and of which $58,000,000, to be derived from the general 14
fund of the Treasury, shall be to carry out subsection (c) 15
of section 2106 of the Water Resources Reform and Devel-16
opment Act of 2014 (33 U.S.C. 2238c) and shall be des-17
ignated as being for such purpose pursuant to paragraph 18
(2) of section 14003 of division B of the Coronavirus Aid, 19
Relief, and Economic Security Act (Public Law 116–136): 20
Provided, That 1 percent of the total amount of funds pro-21
vided for each of the programs, projects, or activities fund-22
ed under this heading shall not be allocated to a field oper-23
ating activity prior to the beginning of the fourth quarter 24
of the fiscal year and shall be available for use by the Chief 25
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of Engineers to fund such emergency activities as the 1
Chief of Engineers determines to be necessary and appro-2
priate, and that the Chief of Engineers shall allocate dur-3
ing the fourth quarter any remaining funds which have 4
not been used for emergency activities proportionally in 5
accordance with the amounts provided for the programs, 6
projects, or activities: Provided further, That the Secretary 7
shall not deviate from the work plan, once the plan has 8
been submitted to the Committees on Appropriations of 9
both Houses of Congress. 10
REGULATORY PROGRAM 11
For expenses necessary for administration of laws 12
pertaining to regulation of navigable waters and wetlands, 13
$218,000,000, to remain available until September 30, 14
2025. 15
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 16
For expenses necessary to clean up contamination 17
from sites in the United States resulting from work per-18
formed as part of the Nation’s early atomic energy pro-19
gram, $200,000,000, to remain available until expended. 20
FLOOD CONTROL AND COASTAL EMERGENCIES 21
For expenses necessary to prepare for flood, hurri-22
cane, typhoon, and other natural disasters and support 23
emergency operations, repairs, and other activities in re-24
sponse to such disasters as authorized by law, 25
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$40,000,000 (reduced by $1,000,000) (increased by 1
$1,000,000) (increased by $1,500,000), to remain avail-2
able until expended. 3
EXPENSES 4
For expenses necessary for the supervision and gen-5
eral administration of the civil works program in the head-6
quarters of the Corps of Engineers and the offices of the 7
Division Engineers; and for costs of management and op-8
eration of the Humphreys Engineer Center Support Activ-9
ity, the Institute for Water Resources, the United States 10
Army Engineer Research and Development Center, and 11
the United States Army Corps of Engineers Finance Cen-12
ter allocable to the civil works program, $215,000,000 (in-13
creased by $1,500,000), to remain available until Sep-14
tember 30, 2025, of which not to exceed $5,000 may be 15
used for official reception and representation purposes and 16
only during the current fiscal year: Provided, That no part 17
of any other appropriation provided in this title shall be 18
available to fund the civil works activities of the Office 19
of the Chief of Engineers or the civil works executive di-20
rection and management activities of the division offices: 21
Provided further, That any Flood Control and Coastal 22
Emergencies appropriation may be used to fund the super-23
vision and general administration of emergency oper-24
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ations, repairs, and other activities in response to any 1
flood, hurricane, typhoon, or other natural disaster. 2
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 3
FOR CIVIL WORKS 4
For the Office of the Assistant Secretary of the Army 5
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 6
$5,000,000, to remain available until September 30, 2025: 7
Provided, That not more than 25 percent of such amount 8
may be obligated or expended until the Assistant Sec-9
retary submits to the Committees on Appropriations of 10
both Houses of Congress the report required under section 11
101(d) of this Act and a work plan that allocates at least 12
95 percent of the additional funding provided under each 13
heading in the report accompanying this Act to specific 14
programs, projects, or activities. 15
WATER INFRASTRUCTURE FINANCE AND INNOVATION 16
PROGRAM ACCOUNT 17
For administrative expenses to carry out the direct 18
and guaranteed loan programs authorized by the Water 19
Infrastructure Finance and Innovation Act of 2014, 20
$5,000,000, to remain available until September 30, 2025. 21
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GENERAL PROVISIONS—CORPS OF 1
ENGINEERS—CIVIL 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 101. (a) None of the funds provided in title I 4
of this Act, or provided by previous appropriations Acts 5
to the agencies or entities funded in title I of this Act 6
that remain available for obligation or expenditure in fiscal 7
year 2024, shall be available for obligation or expenditure 8
through a reprogramming of funds that: 9
(1) creates or initiates a new program, project, 10
or activity; 11
(2) eliminates a program, project, or activity; 12
(3) increases funds or personnel for any pro-13
gram, project, or activity for which funds have been 14
denied or restricted by this Act, unless prior ap-15
proval is received from the Committees on Appro-16
priations of both Houses of Congress; 17
(4) proposes to use funds directed for a specific 18
activity for a different purpose, unless prior approval 19
is received from the Committees on Appropriations 20
of both Houses of Congress; 21
(5) augments or reduces existing programs, 22
projects, or activities in excess of the amounts con-23
tained in paragraphs (6) through (10), unless prior 24
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approval is received from the Committees on Appro-1
priations of both Houses of Congress; 2
(6) I
NVESTIGATIONS.—For a base level over 3
$100,000, reprogramming of 25 percent of the base 4
amount up to a limit of $150,000 per project, study 5
or activity is allowed: Provided, That for a base level 6
less than $100,000, the reprogramming limit is 7
$25,000: Provided further, That up to $25,000 may 8
be reprogrammed into any continuing study or activ-9
ity that did not receive an appropriation for existing 10
obligations and concomitant administrative expenses; 11
(7) C
ONSTRUCTION.—For a base level over 12
$2,000,000, reprogramming of 15 percent of the 13
base amount up to a limit of $3,000,000 per project, 14
study or activity is allowed: Provided, That for a 15
base level less than $2,000,000, the reprogramming 16
limit is $300,000: Provided further, That up to 17
$3,000,000 may be reprogrammed for settled con-18
tractor claims, changed conditions, or real estate de-19
ficiency judgments: Provided further, That up to 20
$300,000 may be reprogrammed into any continuing 21
study or activity that did not receive an appropria-22
tion for existing obligations and concomitant admin-23
istrative expenses; 24
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(8) OPERATION AND MAINTENANCE .—Unlim-1
ited reprogramming authority is granted for the 2
Corps to be able to respond to emergencies: Pro-3
vided, That the Chief of Engineers shall notify the 4
Committees on Appropriations of both Houses of 5
Congress of these emergency actions as soon there-6
after as practicable: Provided further, That for a 7
base level over $1,000,000, reprogramming of 15 8
percent of the base amount up to a limit of 9
$5,000,000 per project, study, or activity is allowed: 10
Provided further, That for a base level less than 11
$1,000,000, the reprogramming limit is $150,000: 12
Provided further, That $150,000 may be repro-13
grammed into any continuing study or activity that 14
did not receive an appropriation; 15
(9) M
ISSISSIPPI RIVER AND TRIBUTARIES .— 16
The reprogramming guidelines in paragraphs (6), 17
(7), and (8) shall apply to the Investigations, Con-18
struction, and Operation and Maintenance portions 19
of the Mississippi River and Tributaries Account, re-20
spectively; and 21
(10) F
ORMERLY UTILIZED SITES REMEDIAL AC -22
TION PROGRAM.—Reprogramming of up to 15 per-23
cent of the base of the receiving project is permitted. 24
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(b) DEMINIMUSREPROGRAMMINGS.—In no case 1
should a reprogramming for less than $50,000 be sub-2
mitted to the Committees on Appropriations of both 3
Houses of Congress. 4
(c) C
ONTINUINGAUTHORITIESPROGRAM.—Sub-5
section (a)(1) shall not apply to any project or activity 6
funded under the continuing authorities program. 7
(d) Not later than 60 days after the date of enact-8
ment of this Act, the Secretary shall submit a report to 9
the Committees on Appropriations of both Houses of Con-10
gress to establish the baseline for application of re-11
programming and transfer authorities for the current fis-12
cal year which shall include: 13
(1) A table for each appropriation with a sepa-14
rate column to display the President’s budget re-15
quest, adjustments made by Congress, adjustments 16
due to enacted rescissions, if applicable, and the fis-17
cal year enacted level; 18
(2) A delineation in the table for each appro-19
priation both by object class and program, project 20
and activity as detailed in the budget appendix for 21
the respective appropriations; and 22
(3) An identification of items of special congres-23
sional interest. 24
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SEC. 102. The Secretary shall allocate funds made 1
available in this Act solely in accordance with the provi-2
sions of this Act and in the report accompanying this Act. 3
S
EC. 103. None of the funds made available in this 4
title may be used to award or modify any contract that 5
commits funds beyond the amounts appropriated for that 6
program, project, or activity that remain unobligated, ex-7
cept that such amounts may include any funds that have 8
been made available through reprogramming pursuant to 9
section 101. 10
S
EC. 104. The Secretary of the Army may transfer 11
to the Fish and Wildlife Service, and the Fish and Wildlife 12
Service may accept and expend, up to $8,200,000 of funds 13
provided in this title under the heading ‘‘Operation and 14
Maintenance’’ to mitigate for fisheries lost due to Corps 15
of Engineers projects. 16
S
EC. 105. None of the funds in this Act shall be used 17
for an open lake placement alternative for dredged mate-18
rial, after evaluating the least costly, environmentally ac-19
ceptable manner for the disposal or management of 20
dredged material originating from Lake Erie or tributaries 21
thereto, unless it is approved under a State water quality 22
certification pursuant to section 401 of the Federal Water 23
Pollution Control Act (33 U.S.C. 1341): Provided, That 24
until an open lake placement alternative for dredged mate-25
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rial is approved under a State water quality certification, 1
the Corps of Engineers shall continue upland placement 2
of such dredged material consistent with the requirements 3
of section 101 of the Water Resources Development Act 4
of 1986 (33 U.S.C. 2211). 5
S
EC. 106. None of the funds made available by this 6
Act may be used to carry out any water supply reallocation 7
study under the Wolf Creek Dam, Lake Cumberland, Ken-8
tucky, project authorized under the Act of July 24, 1946 9
(60 Stat. 636, ch. 595). 10
S
EC. 107. None of the funds made available by this 11
Act or any other Act may be used to reorganize or to 12
transfer the Civil Works functions or authority of the 13
Corps of Engineers or the Secretary of the Army to an-14
other department or agency. 15
S
EC. 108. Additional funding provided in this Act 16
shall be allocated only to projects determined to be eligible 17
by the Chief of Engineers. 18
S
EC. 109. The rule submitted by the Department of 19
the Army, Corps of Engineers, Department of Defense, 20
and the Environmental Protection Agency relating to ‘‘Re-21
vised Definition of ‘Waters of the United States’’’ (88 22
Fed. Reg. 3004 (January 18, 2023)) shall have no force 23
or effect. 24
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SEC. 110. As of the date of enactment of this Act 1
and each fiscal year thereafter, the Secretary of the Army 2
shall not promulgate or enforce any regulation that pro-3
hibits an individual from possessing a firearm, including 4
an assembled or functional firearm, at a water resources 5
development project covered under section 327.0 of title 6
36, Code of Federal Regulations (as in effect on the date 7
of enactment of this Act) if: 8
(1) the individual is not otherwise prohibited by 9
law from possessing a firearm; and 10
(2) the possession of the firearm is in compli-11
ance with the law of the State in which the water 12
resources development project is located. 13
S
EC. 111. None of the funds made available by this 14
Act or any other Act in any fiscal year may be used to 15
alter the eligibility requirements for assistance under sec-16
tion 5 of the Act of August 18, 1941 (33 U.S.C. 701n) 17
in effect on November 14, 2022, without express author-18
ization by Congress. 19
S
EC. 112. Notwithstanding any other requirement, 20
unobligated balances from amounts made available under 21
the heading ‘‘Corps of Engineers—Civil—Construction’’ 22
in division J of the Infrastructure Investment and Jobs 23
Act (Public Law 117–58) for which spend plan allocations 24
have not been announced as of the date of enactment of 25
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this Act may be made available for projects, regardless 1
of project purpose, that have previously received funds 2
under the heading ‘‘Corps of Engineers—Civil—Construc-3
tion’’ in the Bipartisan Budget Act of 2018 (Public Law 4
115–123) and for which non-Federal interests have en-5
tered into binding agreements with the Secretary as of the 6
date of enactment of this Act: Provided, That projects re-7
ceiving Infrastructure Investment and Jobs Act (Public 8
Law 117–58) funding pursuant to this section shall be 9
subject only to the terms and conditions of the Bipartisan 10
Budget Act of 2018 (Public Law 115–123): Provided fur-11
ther, That amounts repurposed pursuant to this section 12
that were previously designated by the Congress as an 13
emergency requirement pursuant to the Balanced Budget 14
and Emergency Deficit Control Act of 1985 or a concur-15
rent resolution on the budget are designated by the Con-16
gress as an emergency requirement pursuant to section 17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
Deficit Control Act of 1985. 19
TITLE II 20
DEPARTMENT OF THE INTERIOR 21
C
ENTRALUTAHPROJECT 22
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 23
For carrying out activities authorized by the Central 24
Utah Project Completion Act, $23,000,000, to remain 25
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available until expended, of which $4,650,000 shall be de-1
posited into the Utah Reclamation Mitigation and Con-2
servation Account for use by the Utah Reclamation Miti-3
gation and Conservation Commission: Provided, That of 4
the amount provided under this heading, $1,750,000 shall 5
be available until September 30, 2025, for expenses nec-6
essary in carrying out related responsibilities of the Sec-7
retary of the Interior: Provided further, That for fiscal 8
year 2024, of the amount made available to the Commis-9
sion under this Act or any other Act, the Commission may 10
use an amount not to exceed $1,990,000 for administra-11
tive expenses. 12
B
UREAU OFRECLAMATION 13
The following appropriations shall be expended to 14
execute authorized functions of the Bureau of Reclama-15
tion: 16
WATER AND RELATED RESOURCES 17
(INCLUDING TRANSFERS OF FUNDS) 18
For management, development, and restoration of 19
water and related natural resources and for related activi-20
ties, including the operation, maintenance, and rehabilita-21
tion of reclamation and other facilities, participation in 22
fulfilling related Federal responsibilities to Native Ameri-23
cans, and related grants to, and cooperative and other 24
agreements with, State and local governments, federally 25
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recognized Indian Tribes, and others, $1,693,366,000 (in-1
creased by $2,000,000) (increased by $4,000,000) (in-2
creased by $500,000) (increased by $1,000,000), to re-3
main available until expended, of which $1,051,000 (in-4
creased by $2,000,000) shall be available for transfer to 5
the Upper Colorado River Basin Fund and $7,584,000 6
shall be available for transfer to the Lower Colorado River 7
Basin Development Fund; of which such amounts as may 8
be necessary may be advanced to the Colorado River Dam 9
Fund: Provided, That $500,000 shall be available for 10
transfer into the Aging Infrastructure Account established 11
by section 9603(d)(1) of the Omnibus Public Land Man-12
agement Act of 2009, as amended (43 U.S.C. 510b(d)(1)): 13
Provided further, That such transfers, except for the 14
transfer authorized by the preceding proviso, may be in-15
creased or decreased within the overall appropriation 16
under this heading: Provided further, That of the total ap-17
propriated, the amount for program activities that can be 18
financed by the Reclamation Fund, the Water Storage En-19
hancement Receipts account established by section 20
4011(e) of Public Law 114–322, or the Bureau of Rec-21
lamation special fee account established by 16 U.S.C. 22
6806 shall be derived from that Fund or account: Provided 23
further, That funds contributed under 43 U.S.C. 395 are 24
available until expended for the purposes for which the 25
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funds were contributed: Provided further, That funds ad-1
vanced under 43 U.S.C. 397a shall be credited to this ac-2
count and are available until expended for the same pur-3
poses as the sums appropriated under this heading: Pro-4
vided further, That of the amounts made available under 5
this heading, $5,500,000 shall be deposited in the San Ga-6
briel Basin Restoration Fund established by section 110 7
of title I of division B of appendix D of Public Law 106– 8
554: Provided further, That of the amounts provided here-9
in, funds may be used for high-priority projects which 10
shall be carried out by the Youth Conservation Corps, as 11
authorized by 16 U.S.C. 1706: Provided further, That 12
within available funds, $250,000 shall be for grants and 13
financial assistance for educational activities: Provided 14
further, That in accordance with section 4007 of Public 15
Law 114–322 and as recommended by the Secretary in 16
letters dated February 13, 2019, June 22, 2020, and De-17
cember 3, 2020, funding provided for such purpose in this 18
and prior fiscal years shall be made available to the Shasta 19
Dam and Reservoir Enlargement Project. 20
CENTRAL VALLEY PROJECT RESTORATION FUND 21
For carrying out the programs, projects, plans, habi-22
tat restoration, improvement, and acquisition provisions of 23
the Central Valley Project Improvement Act, such sums 24
as may be collected in fiscal year 2024 in the Central Val-25
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ley Project Restoration Fund pursuant to sections 1
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 2
to remain available until expended: Provided, That the Bu-3
reau of Reclamation is directed to assess and collect the 4
full amount of the additional mitigation and restoration 5
payments authorized by section 3407(d) of Public Law 6
102–575: Provided further, That none of the funds made 7
available under this heading may be used for the acquisi-8
tion or leasing of water for in-stream purposes if the water 9
is already committed to in-stream purposes by a court 10
adopted decree or order. 11
CALIFORNIA BAY-DELTA RESTORATION 12
(INCLUDING TRANSFERS OF FUNDS) 13
For carrying out activities authorized by the Water 14
Supply, Reliability, and Environmental Improvement Act, 15
consistent with plans to be approved by the Secretary of 16
the Interior, $33,000,000, to remain available until ex-17
pended, of which such amounts as may be necessary to 18
carry out such activities may be transferred to appropriate 19
accounts of other participating Federal agencies to carry 20
out authorized purposes: Provided, That funds appro-21
priated herein may be used for the Federal share of the 22
costs of Calfed Program management: Provided further, 23
That Calfed implementation shall be carried out in a bal-24
anced manner with clear performance measures dem-25
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onstrating concurrent progress in achieving the goals and 1
objectives of the Program. 2
POLICY AND ADMINISTRATION 3
For expenses necessary for policy, administration, 4
and related functions in the Office of the Commissioner, 5
the Denver office, and offices in the six regions of the Bu-6
reau of Reclamation, to remain available until September 7
30, 2025, $65,079,000, to be derived from the Reclama-8
tion Fund and be nonreimbursable as provided in 43 9
U.S.C. 377, of which not to exceed $5,000 may be used 10
for official reception and representation expenses: Pro-11
vided, That no part of any other appropriation in this Act 12
shall be available for activities or functions budgeted as 13
policy and administration expenses. 14
ADMINISTRATIVE PROVISION 15
Appropriations for the Bureau of Reclamation shall 16
be available for purchase and replacement of not to exceed 17
30 motor vehicles, which are for replacement only. 18
GENERAL PROVISIONS—DEPARTMENT OF THE 19
INTERIOR 20
S
EC. 201. (a) None of the funds provided in title II 21
of this Act for Water and Related Resources, or provided 22
by previous or subsequent appropriations Acts to the agen-23
cies or entities funded in title II of this Act for Water 24
and Related Resources that remain available for obligation 25
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or expenditure in fiscal year 2024, shall be available for 1
obligation or expenditure through a reprogramming of 2
funds that— 3
(1) initiates or creates a new program, project, 4
or activity; 5
(2) eliminates a program, project, or activity; 6
(3) increases funds for any program, project, or 7
activity for which funds have been denied or re-8
stricted by this Act, unless prior approval is received 9
from the Committees on Appropriations of both 10
Houses of Congress; 11
(4) restarts or resumes any program, project or 12
activity for which funds are not provided in this Act, 13
unless prior approval is received from the Commit-14
tees on Appropriations of both Houses of Congress; 15
(5) transfers funds in excess of the following 16
limits, unless prior approval is received from the 17
Committees on Appropriations of both Houses of 18
Congress: 19
(A) 15 percent for any program, project or 20
activity for which $2,000,000 or more is avail-21
able at the beginning of the fiscal year; or 22
(B) $400,000 for any program, project or 23
activity for which less than $2,000,000 is avail-24
able at the beginning of the fiscal year; 25
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(6) transfers more than $500,000 from either 1
the Facilities Operation, Maintenance, and Rehabili-2
tation category or the Resources Management and 3
Development category to any program, project, or 4
activity in the other category, unless prior approval 5
is received from the Committees on Appropriations 6
of both Houses of Congress; or 7
(7) transfers, where necessary to discharge legal 8
obligations of the Bureau of Reclamation, more than 9
$5,000,000 to provide adequate funds for settled 10
contractor claims, increased contractor earnings due 11
to accelerated rates of operations, and real estate de-12
ficiency judgments, unless prior approval is received 13
from the Committees on Appropriations of both 14
Houses of Congress. 15
(b) Subsection (a)(5) shall not apply to any transfer 16
of funds within the Facilities Operation, Maintenance, and 17
Rehabilitation category. 18
(c) For purposes of this section, the term ‘‘transfer’’ 19
means any movement of funds into or out of a program, 20
project, or activity. 21
(d) Except as provided in subsections (a) and (b), the 22
amounts made available in this title under the heading 23
‘‘Bureau of Reclamation—Water and Related Resources’’ 24
shall be expended for the programs, projects, and activities 25
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specified in the ‘‘House Recommended’’ columns in the 1
‘‘Water and Related Resources’’ table included under the 2
heading ‘‘Title II—Department of the Interior’’ in the re-3
port accompanying this Act. 4
(e) The Bureau of Reclamation shall submit reports 5
on a quarterly basis to the Committees on Appropriations 6
of both Houses of Congress detailing all the funds repro-7
grammed between programs, projects, activities, or cat-8
egories of funding. The first quarterly report shall be sub-9
mitted not later than 60 days after the date of enactment 10
of this Act. 11
S
EC. 202. (a) None of the funds appropriated or oth-12
erwise made available by this Act may be used to deter-13
mine the final point of discharge for the interceptor drain 14
for the San Luis Unit until development by the Secretary 15
of the Interior and the State of California of a plan, which 16
shall conform to the water quality standards of the State 17
of California as approved by the Administrator of the En-18
vironmental Protection Agency, to minimize any detri-19
mental effect of the San Luis drainage waters. 20
(b) The costs of the Kesterson Reservoir Cleanup 21
Program and the costs of the San Joaquin Valley Drain-22
age Program shall be classified by the Secretary of the 23
Interior as reimbursable or nonreimbursable and collected 24
until fully repaid pursuant to the ‘‘Cleanup Program— 25
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Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-1
native Repayment Plan’’ described in the report entitled 2
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-3
gram and San Joaquin Valley Drainage Program, Feb-4
ruary 1995’’, prepared by the Department of the Interior, 5
Bureau of Reclamation. Any future obligations of funds 6
by the United States relating to, or providing for, drainage 7
service or drainage studies for the San Luis Unit shall 8
be fully reimbursable by San Luis Unit beneficiaries of 9
such service or studies pursuant to Federal reclamation 10
law. 11
TITLE III 12
DEPARTMENT OF ENERGY 13
ENERGY PROGRAMS 14
E
NERGYEFFICIENCY ANDRENEWABLEENERGY 15
For Department of Energy expenses including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment, and other expenses necessary for energy 18
efficiency and renewable energy activities in carrying out 19
the purposes of the Department of Energy Organization 20
Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
condemnation of any real property or any facility or for 22
plant or facility acquisition, construction, or expansion, 23
$2,994,000,000 (reduced by $1,000,000,000), to remain 24
available until expended: Provided, That of such amount, 25
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$223,000,000 shall be available until September 30, 2025, 1
for program direction. 2
C
YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 3
R
ESPONSE 4
For Department of Energy expenses including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment, and other expenses necessary for energy 7
sector cybersecurity, energy security, and emergency re-8
sponse activities in carrying out the purposes of the De-9
partment of Energy Organization Act (42 U.S.C. 7101 et 10
seq.), including the acquisition or condemnation of any 11
real property or any facility or for plant or facility acquisi-12
tion, construction, or expansion, $200,000,000 (increased 13
by $5,000,000) (reduced by $5,000,000) (reduced by 14
$7,000,000) (increased by $7,000,000), to remain avail-15
able until expended: Provided, That of such amount, 16
$25,143,000 shall be available until September 30, 2025, 17
for program direction. 18
E
LECTRICITY 19
For Department of Energy expenses including the 20
purchase, construction, and acquisition of plant and cap-21
ital equipment, and other expenses necessary for elec-22
tricity activities in carrying out the purposes of the De-23
partment of Energy Organization Act (42 U.S.C. 7101 et 24
seq.), including the acquisition or condemnation of any 25
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real property or any facility or for plant or facility acquisi-1
tion, construction, or expansion, $315,600,000, to remain 2
available until expended: Provided, That of such amount, 3
$23,000,000 shall be available until September 30, 2025, 4
for program direction. 5
N
UCLEARENERGY 6
For Department of Energy expenses including the 7
purchase, construction, and acquisition of plant and cap-8
ital equipment, and other expenses necessary for nuclear 9
energy activities in carrying out the purposes of the De-10
partment of Energy Organization Act (42 U.S.C. 7101 et 11
seq.), including the acquisition or condemnation of any 12
real property or any facility or for plant or facility acquisi-13
tion, construction, or expansion, $1,783,000,000, to re-14
main available until expended. Provided, That of such 15
amount, $85,500,000 shall be available until September 16
30, 2025, for program direction: Provided further, That 17
for the purpose of section 954(a)(6) of the Energy Policy 18
Act of 2005, as amended, the only amount available shall 19
be from the amount specified as including that purpose 20
in the ‘‘House Recommended’’ column in the ‘‘Department 21
of Energy’’ table included under the heading ‘‘Title III— 22
Department of Energy’’ in the report accompanying this 23
Act. 24
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FOSSILENERGY ANDCARBONMANAGEMENT 1
For Department of Energy expenses necessary in car-2
rying out fossil energy and carbon management research 3
and development activities, under the authority of the De-4
partment of Energy Organization Act (42 U.S.C. 7101 et 5
seq.), including the acquisition of interest, including defea-6
sible and equitable interests in any real property or any 7
facility or for plant or facility acquisition or expansion, 8
and for conducting inquiries, technological investigations 9
and research concerning the extraction, processing, use, 10
and disposal of mineral substances without objectionable 11
social and environmental costs (30 U.S.C. 3, 1602, and 12
1603), $857,904,000, to remain available until expended: 13
Provided, That of such amount $70,000,000 shall be avail-14
able until September 30, 2025, for program direction. 15
N
AVALPETROLEUM AND OILSHALERESERVES 16
For Department of Energy expenses necessary to 17
carry out naval petroleum and oil shale reserve activities, 18
$13,010,000, to remain available until expended: Pro-19
vided, That notwithstanding any other provision of law, 20
unobligated funds remaining from prior years shall be 21
available for all naval petroleum and oil shale reserve ac-22
tivities. 23
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STRATEGICPETROLEUMRESERVE 1
For Department of Energy expenses necessary for 2
Strategic Petroleum Reserve facility development and op-3
erations and program management activities pursuant to 4
the Energy Policy and Conservation Act (42 U.S.C. 6201 5
et seq.), $280,969,000, to remain available until expended. 6
N
ORTHEASTHOMEHEATINGOILRESERVE 7
For Department of Energy expenses necessary for 8
Northeast Home Heating Oil Reserve storage, operation, 9
and management activities pursuant to the Energy Policy 10
and Conservation Act (42 U.S.C. 6201 et seq.), 11
$7,150,000, to remain available until expended. 12
E
NERGYINFORMATIONADMINISTRATION 13
For Department of Energy expenses necessary in car-14
rying out the activities of the Energy Information Admin-15
istration, $135,000,000, to remain available until ex-16
pended. 17
N
ON-DEFENSEENVIRONMENTAL CLEANUP 18
For Department of Energy expenses, including the 19
purchase, construction, and acquisition of plant and cap-20
ital equipment and other expenses necessary for non-de-21
fense environmental cleanup activities in carrying out the 22
purposes of the Department of Energy Organization Act 23
(42 U.S.C. 7101 et seq.), including the acquisition or con-24
demnation of any real property or any facility or for plant 25
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or facility acquisition, construction, or expansion, 1
$341,700,000, to remain available until expended: Pro-2
vided, That in addition, fees collected pursuant to sub-3
section (b)(1) of section 6939f of title 42, United States 4
Code, and deposited under this heading in fiscal year 2024 5
pursuant to section 309 of title III of division C of Public 6
Law 116–94 are appropriated, to remain available until 7
expended, for mercury storage costs. 8
U
RANIUMENRICHMENTDECONTAMINATION AND 9
D
ECOMMISSIONINGFUND 10
For Department of Energy expenses necessary in car-11
rying out uranium enrichment facility decontamination 12
and decommissioning, remedial actions, and other activi-13
ties of title II of the Atomic Energy Act of 1954, and 14
title X, subtitle A, of the Energy Policy Act of 1992, 15
$865,208,000, to be derived from the Uranium Enrich-16
ment Decontamination and Decommissioning Fund, to re-17
main available until expended, of which $10,000,000 shall 18
be available in accordance with title X, subtitle A, of the 19
Energy Policy Act of 1992. 20
S
CIENCE 21
For Department of Energy expenses including the 22
purchase, construction, and acquisition of plant and cap-23
ital equipment, and other expenses necessary for science 24
activities in carrying out the purposes of the Department 25
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of Energy Organization Act (42 U.S.C. 7101 et seq.), in-1
cluding the acquisition or condemnation of any real prop-2
erty or any facility or for plant or facility acquisition, con-3
struction, or expansion, and purchase of not more than 4
35 passenger motor vehicles, $8,100,000,000, to remain 5
available until expended: Provided, That of such amount, 6
$211,211,000 shall be available until September 30, 2025, 7
for program direction. 8
N
UCLEARWASTEDISPOSAL 9
For Department of Energy expenses necessary for 10
nuclear waste disposal activities to carry out the purposes 11
of the Nuclear Waste Policy Act of 1982, Public Law 97– 12
425, as amended, $12,040,000, to remain available until 13
expended, which shall be derived from the Nuclear Waste 14
Fund. 15
T
ECHNOLOGYTRANSITIONS 16
For Department of Energy expenses necessary for 17
carrying out the activities of technology transitions, 18
$22,098,000, to remain available until expended: Pro-19
vided, That of such amount, $13,183,000 shall be avail-20
able until September 30, 2025, for program direction. 21
C
LEANENERGYDEMONSTRATIONS 22
For Department of Energy expenses necessary to 23
carry out program direction of the Office of Clean Energy 24
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Demonstrations, $35,000,000, to remain available until 1
September 30, 2025. 2
A
DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 3
For Department of Energy expenses necessary in car-4
rying out the activities authorized by section 5012 of the 5
America COMPETES Act (Public Law 110–69), 6
$470,000,000, to remain available until expended: Pro-7
vided, That of such amount, $37,000,000 shall be avail-8
able until September 30, 2025, for program direction. 9
T
ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 10
P
ROGRAM 11
Such sums as are derived from amounts received 12
from borrowers pursuant to section 1702(b) of the Energy 13
Policy Act of 2005 under this heading in prior Acts, shall 14
be collected in accordance with section 502(7) of the Con-15
gressional Budget Act of 1974: Provided, That for nec-16
essary administrative expenses of the Title 17 Innovative 17
Technology Loan Guarantee Program, as authorized, 18
$70,000,000 (reduced by $3,000,000) (increased by 19
$3,000,000) is appropriated, to remain available until 20
September 30, 2025: Provided further, That up to 21
$70,000,000 of fees collected in fiscal year 2024 pursuant 22
to section 1702(h) of the Energy Policy Act of 2005 shall 23
be credited as offsetting collections under this heading and 24
used for necessary administrative expenses in this appro-25
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priation and shall remain available until September 30, 1
2025: Provided further, That to the extent that fees col-2
lected in fiscal year 2024 exceed $70,000,000, those ex-3
cess amounts shall be credited as offsetting collections 4
under this heading and available in future fiscal years only 5
to the extent provided in advance in appropriations Acts: 6
Provided further, That the sum herein appropriated from 7
the general fund shall be reduced (1) as such fees are re-8
ceived during fiscal year 2024 (estimated at $70,000,000) 9
and (2) to the extent that any remaining general fund ap-10
propriations can be derived from fees collected in previous 11
fiscal years that are not otherwise appropriated, so as to 12
result in a final fiscal year 2024 appropriation from the 13
general fund estimated at $0: Provided further, That the 14
Department of Energy shall not subordinate any loan obli-15
gation to other financing in violation of section 1702 of 16
the Energy Policy Act of 2005 or subordinate any Guaran-17
teed Obligation to any loan or other debt obligations in 18
violation of section 609.10 of title 10, Code of Federal 19
Regulations. 20
A
DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 21
L
OANPROGRAM 22
For Department of Energy administrative expenses 23
necessary in carrying out the Advanced Technology Vehi-24
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cles Manufacturing Loan Program, $13,000,000, to re-1
main available until September 30, 2025. 2
T
RIBALENERGYLOANGUARANTEEPROGRAM 3
For Department of Energy administrative expenses 4
necessary in carrying out the Tribal Energy Loan Guar-5
antee Program, $6,300,000, to remain available until Sep-6
tember 30, 2025. 7
I
NDIANENERGYPOLICY ANDPROGRAMS 8
For necessary expenses for Indian Energy activities 9
in carrying out the purposes of the Department of Energy 10
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 11
to remain available until expended: Provided, That of the 12
amount appropriated under this heading, $14,000,000 13
shall be available until September 30, 2025, for program 14
direction. 15
D
EPARTMENTAL ADMINISTRATION 16
For salaries and expenses of the Department of En-17
ergy necessary for departmental administration in car-18
rying out the purposes of the Department of Energy Orga-19
nization Act (42 U.S.C. 7101 et seq.), $383,578,000 (re-20
duced by $2,000,000) (reduced by $4,000,000) (reduced 21
by $500,000) (reduced by $1,000,000), to remain avail-22
able until September 30, 2025, including the hire of pas-23
senger motor vehicles and official reception and represen-24
tation expenses not to exceed $30,000, plus such addi-25
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tional amounts as necessary to cover increases in the esti-1
mated amount of cost of work for others notwithstanding 2
the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 3
et seq.): Provided, That such increases in cost of work are 4
offset by revenue increases of the same or greater amount: 5
Provided further, That moneys received by the Department 6
for miscellaneous revenues estimated to total 7
$100,578,000 in fiscal year 2024 may be retained and 8
used for operating expenses within this account, as au-9
thorized by section 201 of Public Law 95–238, notwith-10
standing the provisions of 31 U.S.C. 3302: Provided fur-11
ther, That the sum herein appropriated shall be reduced 12
as collections are received during the fiscal year so as to 13
result in a final fiscal year 2024 appropriation from the 14
general fund estimated at not more than $283,000,000. 15
O
FFICE OF THEINSPECTORGENERAL 16
For expenses necessary for the Office of the Inspector 17
General in carrying out the provisions of the Inspector 18
General Act of 1978, $92,000,000, to remain available 19
until September 30, 2025. 20
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ATOMIC ENERGY DEFENSE ACTIVITIES 1
NATIONAL NUCLEAR SECURITY 2
ADMINISTRATION 3
W
EAPONSACTIVITIES 4
For Department of Energy expenses, including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment and other incidental expenses necessary for 7
atomic energy defense weapons activities in carrying out 8
the purposes of the Department of Energy Organization 9
Act (42 U.S.C. 7101 et seq.), including the acquisition or 10
condemnation of any real property or any facility or for 11
plant or facility acquisition, construction, or expansion, 12
$19,114,167,000 (increased by $3,000,000), to remain 13
available until expended: Provided, That of such amount, 14
$118,056,000 shall be available until September 30, 2025, 15
for program direction. 16
D
EFENSENUCLEARNONPROLIFERATION 17
For Department of Energy expenses, including the 18
purchase, construction, and acquisition of plant and cap-19
ital equipment and other incidental expenses necessary for 20
defense nuclear nonproliferation activities, in carrying out 21
the purposes of the Department of Energy Organization 22
Act (42 U.S.C. 7101 et seq.), including the acquisition or 23
condemnation of any real property or any facility or for 24
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plant or facility acquisition, construction, or expansion, 1
$2,380,037,000, to remain available until expended. 2
N
AVALREACTORS 3
(INCLUDING TRANSFER OF FUNDS) 4
For Department of Energy expenses necessary for 5
naval reactors activities to carry out the Department of 6
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-7
ing the acquisition (by purchase, condemnation, construc-8
tion, or otherwise) of real property, plant, and capital 9
equipment, facilities, and facility expansion, 10
$1,946,049,000, to remain available until expended, of 11
which $99,747,000 shall be transferred to ‘‘Department 12
of Energy—Energy Programs—Nuclear Energy’’, for the 13
Advanced Test Reactor: Provided, That of such amount, 14
$61,540,000 shall be available until September 30, 2025, 15
for program direction. 16
F
EDERALSALARIES ANDEXPENSES 17
For expenses necessary for Federal Salaries and Ex-18
penses in the National Nuclear Security Administration, 19
$518,994,000 (reduced by $3,000,000), to remain avail-20
able until September 30, 2025, including official reception 21
and representation expenses not to exceed $17,000. 22
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ENVIRONMENTAL AND OTHER DEFENSE 1
ACTIVITIES 2
D
EFENSEENVIRONMENTAL CLEANUP 3
For Department of Energy expenses, including the 4
purchase, construction, and acquisition of plant and cap-5
ital equipment and other expenses necessary for atomic 6
energy defense environmental cleanup activities in car-7
rying out the purposes of the Department of Energy Orga-8
nization Act (42 U.S.C. 7101 et seq.), including the acqui-9
sition or condemnation of any real property or any facility 10
or for plant or facility acquisition, construction, or expan-11
sion, $7,073,556,000, to remain available until expended: 12
Provided, That of such amount, $326,893,000 shall be 13
available until September 30, 2025, for program direction. 14
O
THERDEFENSEACTIVITIES 15
For Department of Energy expenses, including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment and other expenses, necessary for atomic 18
energy defense, other defense activities, and classified ac-19
tivities, in carrying out the purposes of the Department 20
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-21
cluding the acquisition or condemnation of any real prop-22
erty or any facility or for plant or facility acquisition, con-23
struction, or expansion, $1,075,197,000, to remain avail-24
able until expended: Provided, That of such amount, 25
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$381,460,000 shall be available until September 30, 2025, 1
for program direction. 2
POWER MARKETING ADMINISTRATIONS 3
B
ONNEVILLEPOWERADMINISTRATIONFUND 4
Expenditures from the Bonneville Power Administra-5
tion Fund, established pursuant to Public Law 93–454, 6
are approved for official reception and representation ex-7
penses in an amount not to exceed $5,000: Provided, That 8
during fiscal year 2024, no new direct loan obligations 9
may be made. 10
O
PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 11
A
DMINISTRATION 12
For expenses necessary for operation and mainte-13
nance of power transmission facilities and for marketing 14
electric power and energy, including transmission wheeling 15
and ancillary services, pursuant to section 5 of the Flood 16
Control Act of 1944 (16 U.S.C. 825s), as applied to the 17
southeastern power area, $8,449,000, including official re-18
ception and representation expenses in an amount not to 19
exceed $1,500, to remain available until expended: Pro-20
vided, That notwithstanding 31 U.S.C. 3302 and section 21
5 of the Flood Control Act of 1944, up to $8,449,000 col-22
lected by the Southeastern Power Administration from the 23
sale of power and related services shall be credited to this 24
account as discretionary offsetting collections, to remain 25
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available until expended for the sole purpose of funding 1
the annual expenses of the Southeastern Power Adminis-2
tration: Provided further, That the sum herein appro-3
priated for annual expenses shall be reduced as collections 4
are received during the fiscal year so as to result in a final 5
fiscal year 2024 appropriation estimated at not more than 6
$0: Provided further, That notwithstanding 31 U.S.C. 7
3302, up to $71,850,000 collected by the Southeastern 8
Power Administration pursuant to the Flood Control Act 9
of 1944 to recover purchase power and wheeling expenses 10
shall be credited to this account as offsetting collections, 11
to remain available until expended for the sole purpose 12
of making purchase power and wheeling expenditures: 13
Provided further, That for purposes of this appropriation, 14
annual expenses means expenditures that are generally re-15
covered in the same year that they are incurred (excluding 16
purchase power and wheeling expenses). 17
O
PERATION ANDMAINTENANCE, SOUTHWESTERN 18
P
OWERADMINISTRATION 19
For expenses necessary for operation and mainte-20
nance of power transmission facilities and for marketing 21
electric power and energy, for construction and acquisition 22
of transmission lines, substations and appurtenant facili-23
ties, and for administrative expenses, including official re-24
ception and representation expenses in an amount not to 25
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exceed $1,500 in carrying out section 5 of the Flood Con-1
trol Act of 1944 (16 U.S.C. 825s), as applied to the 2
Southwestern Power Administration, $52,326,000, to re-3
main available until expended: Provided, That notwith-4
standing 31 U.S.C. 3302 and section 5 of the Flood Con-5
trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-6
lected by the Southwestern Power Administration from 7
the sale of power and related services shall be credited to 8
this account as discretionary offsetting collections, to re-9
main available until expended, for the sole purpose of 10
funding the annual expenses of the Southwestern Power 11
Administration: Provided further, That the sum herein ap-12
propriated for annual expenses shall be reduced as collec-13
tions are received during the fiscal year so as to result 14
in a final fiscal year 2024 appropriation estimated at not 15
more than $11,440,000: Provided further, That notwith-16
standing 31 U.S.C. 3302, up to $80,000,000 collected by 17
the Southwestern Power Administration pursuant to the 18
Flood Control Act of 1944 to recover purchase power and 19
wheeling expenses shall be credited to this account as off-20
setting collections, to remain available until expended for 21
the sole purpose of making purchase power and wheeling 22
expenditures: Provided further, That for purposes of this 23
appropriation, annual expenses means expenditures that 24
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are generally recovered in the same year that they are in-1
curred (excluding purchase power and wheeling expenses). 2
C
ONSTRUCTION, REHABILITATION, OPERATION AND 3
M
AINTENANCE, WESTERNAREAPOWERADMINIS-4
TRATION 5
For carrying out the functions authorized by title III, 6
section 302(a)(1)(E) of the Act of August 4, 1977 (42 7
U.S.C. 7152), and other related activities including con-8
servation and renewable resources programs as author-9
ized, $313,289,000, including official reception and rep-10
resentation expenses in an amount not to exceed $1,500, 11
to remain available until expended, of which $313,289,000 12
shall be derived from the Department of the Interior Rec-13
lamation Fund: Provided, That notwithstanding 31 U.S.C. 14
3302, section 5 of the Flood Control Act of 1944 (16 15
U.S.C. 825s), and section 1 of the Interior Department 16
Appropriation Act, 1939 (43 U.S.C. 392a), up to 17
$213,417,000 collected by the Western Area Power Ad-18
ministration from the sale of power and related services 19
shall be credited to this account as discretionary offsetting 20
collections, to remain available until expended, for the sole 21
purpose of funding the annual expenses of the Western 22
Area Power Administration: Provided further, That the 23
sum herein appropriated for annual expenses shall be re-24
duced as collections are received during the fiscal year so 25
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as to result in a final fiscal year 2024 appropriation esti-1
mated at not more than $99,872,000, of which 2
$99,872,000 is derived from the Reclamation Fund: Pro-3
vided further, That notwithstanding 31 U.S.C. 3302, up 4
to $475,000,000 collected by the Western Area Power Ad-5
ministration pursuant to the Flood Control Act of 1944 6
and the Reclamation Project Act of 1939 to recover pur-7
chase power and wheeling expenses shall be credited to 8
this account as offsetting collections, to remain available 9
until expended for the sole purpose of making purchase 10
power and wheeling expenditures: Provided further, That 11
for purposes of this appropriation, annual expenses means 12
expenditures that are generally recovered in the same year 13
that they are incurred (excluding purchase power and 14
wheeling expenses). 15
F
ALCON ANDAMISTADOPERATING ANDMAINTENANCE 16
F
UND 17
For operation, maintenance, and emergency costs for 18
the hydroelectric facilities at the Falcon and Amistad 19
Dams, $3,425,000, to remain available until expended, 20
and to be derived from the Falcon and Amistad Operating 21
and Maintenance Fund of the Western Area Power Ad-22
ministration, as provided in section 2 of the Act of June 23
18, 1954 (68 Stat. 255): Provided, That notwithstanding 24
the provisions of that Act and of 31 U.S.C. 3302, up to 25
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$3,197,000 collected by the Western Area Power Adminis-1
tration from the sale of power and related services from 2
the Falcon and Amistad Dams shall be credited to this 3
account as discretionary offsetting collections, to remain 4
available until expended for the sole purpose of funding 5
the annual expenses of the hydroelectric facilities of these 6
Dams and associated Western Area Power Administration 7
activities: Provided further, That the sum herein appro-8
priated for annual expenses shall be reduced as collections 9
are received during the fiscal year so as to result in a final 10
fiscal year 2024 appropriation estimated at not more than 11
$228,000: Provided further, That for purposes of this ap-12
propriation, annual expenses means expenditures that are 13
generally recovered in the same year that they are in-14
curred: Provided further, That for fiscal year 2024, the 15
Administrator of the Western Area Power Administration 16
may accept up to $1,872,000 in funds contributed by 17
United States power customers of the Falcon and Amistad 18
Dams for deposit into the Falcon and Amistad Operating 19
and Maintenance Fund, and such funds shall be available 20
for the purpose for which contributed in like manner as 21
if said sums had been specifically appropriated for such 22
purpose: Provided further, That any such funds shall be 23
available without further appropriation and without fiscal 24
year limitation for use by the Commissioner of the United 25
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States Section of the International Boundary and Water 1
Commission for the sole purpose of operating, maintain-2
ing, repairing, rehabilitating, replacing, or upgrading the 3
hydroelectric facilities at these Dams in accordance with 4
agreements reached between the Administrator, Commis-5
sioner, and the power customers. 6
F
EDERALENERGYREGULATORYCOMMISSION 7
SALARIES AND EXPENSES 8
For expenses necessary for the Federal Energy Regu-9
latory Commission to carry out the provisions of the De-10
partment of Energy Organization Act (42 U.S.C. 7101 et 11
seq.), including services as authorized by 5 U.S.C. 3109, 12
official reception and representation expenses not to ex-13
ceed $3,000, and the hire of passenger motor vehicles, 14
$520,000,000, to remain available until expended: Pro-15
vided, That notwithstanding any other provision of law, 16
not to exceed $520,000,000 of revenues from fees and an-17
nual charges, and other services and collections in fiscal 18
year 2024 shall be retained and used for expenses nec-19
essary in this account, and shall remain available until ex-20
pended: Provided further, That the sum herein appro-21
priated from the general fund shall be reduced as revenues 22
are received during fiscal year 2024 so as to result in a 23
final fiscal year 2024 appropriation from the general fund 24
estimated at not more than $0. 25
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GENERAL PROVISIONS—DEPARTMENT OF 1
ENERGY 2
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 3
S
EC. 301. (a) No appropriation, funds, or authority 4
made available by this title for the Department of Energy 5
shall be used to initiate or resume any program, project, 6
or activity or to prepare or initiate Requests For Proposals 7
or similar arrangements (including Requests for 8
Quotations, Requests for Information, and Funding Op-9
portunity Announcements) for a program, project, or ac-10
tivity if the program, project, or activity has not been 11
funded by Congress. 12
(b)(1) Unless the Secretary of Energy notifies the 13
Committees on Appropriations of both Houses of Congress 14
at least 3 full business days in advance, none of the funds 15
made available in this title may be used to— 16
(A) make a grant allocation or discretionary 17
grant award totaling $1,000,000 or more; 18
(B) make a discretionary contract award or 19
Other Transaction Agreement totaling $1,000,000 20
or more, including a contract covered by the Federal 21
Acquisition Regulation; 22
(C) issue a letter of intent to make an alloca-23
tion, award, or Agreement in excess of the limits in 24
subparagraph (A) or (B); or 25
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(D) announce publicly the intention to make an 1
allocation, award, or Agreement in excess of the lim-2
its in subparagraph (A) or (B). 3
(2) The Secretary of Energy shall submit to the Com-4
mittees on Appropriations of both Houses of Congress 5
within 15 days of the conclusion of each quarter a report 6
detailing each grant allocation or discretionary grant 7
award totaling less than $1,000,000 provided during the 8
previous quarter. 9
(3) The notification required by paragraph (1) and 10
the report required by paragraph (2) shall include the re-11
cipient of the award, the amount of the award, the fiscal 12
year for which the funds for the award were appropriated, 13
the account and program, project, or activity from which 14
the funds are being drawn, the title of the award, and 15
a brief description of the activity for which the award is 16
made. 17
(c) The Department of Energy may not, with respect 18
to any program, project, or activity that uses budget au-19
thority made available in this title under the heading ‘‘De-20
partment of Energy—Energy Programs’’, enter into a 21
multiyear contract, award a multiyear grant, or enter into 22
a multiyear cooperative agreement unless— 23
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(1) the contract, grant, or cooperative agree-1
ment is funded for the full period of performance as 2
anticipated at the time of award; or 3
(2) the contract, grant, or cooperative agree-4
ment includes a clause conditioning the Federal Gov-5
ernment’s obligation on the availability of future 6
year budget authority and the Secretary notifies the 7
Committees on Appropriations of both Houses of 8
Congress at least 3 days in advance. 9
(d) Except as provided in subsections (e), (f), and (g), 10
the amounts made available by this title shall be expended 11
as authorized by law for the programs, projects, and ac-12
tivities specified in the ‘‘House Recommended’’ column in 13
the ‘‘Department of Energy’’ table included under the 14
heading ‘‘Title III—Department of Energy’’ in the report 15
accompanying this Act. 16
(e) The amounts made available by this title may be 17
reprogrammed for any program, project, or activity, and 18
the Department shall notify, and obtain the prior approval 19
of, the Committees on Appropriations of both Houses of 20
Congress at least 30 days prior to the use of any proposed 21
reprogramming that would cause any program, project, or 22
activity funding level to increase or decrease by more than 23
$5,000,000 or 10 percent, whichever is less, during the 24
time period covered by this Act. 25
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(f) None of the funds provided in this title shall be 1
available for obligation or expenditure through a re-2
programming of funds that— 3
(1) creates, initiates, or eliminates a program, 4
project, or activity; 5
(2) increases funds or personnel for any pro-6
gram, project, or activity for which funds are denied 7
or restricted by this Act; or 8
(3) reduces funds that are directed to be used 9
for a specific program, project, or activity by this 10
Act. 11
(g)(1) The Secretary of Energy may waive any re-12
quirement or restriction in this section that applies to the 13
use of funds made available for the Department of Energy 14
if compliance with such requirement or restriction would 15
pose a substantial risk to human health, the environment, 16
welfare, or national security. 17
(2) The Secretary of Energy shall notify the Commit-18
tees on Appropriations of both Houses of Congress of any 19
waiver under paragraph (1) as soon as practicable, but 20
not later than 3 days after the date of the activity to which 21
a requirement or restriction would otherwise have applied. 22
Such notice shall include an explanation of the substantial 23
risk under paragraph (1) that permitted such waiver. 24
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(h) The unexpended balances of prior appropriations 1
provided for activities in this Act may be available to the 2
same appropriation accounts for such activities established 3
pursuant to this title. Available balances may be merged 4
with funds in the applicable established accounts and 5
thereafter may be accounted for as one fund for the same 6
time period as originally enacted. 7
S
EC. 302. Funds appropriated by this or any other 8
Act, or made available by the transfer of funds in this 9
Act, for intelligence activities are deemed to be specifically 10
authorized by the Congress for purposes of section 504 11
of the National Security Act of 1947 (50 U.S.C. 3094) 12
during fiscal year 2024 until the enactment of the Intel-13
ligence Authorization Act for fiscal year 2024. 14
S
EC. 303. None of the funds made available in this 15
title shall be used for the construction of facilities classi-16
fied as high-hazard nuclear facilities under 10 CFR Part 17
830 unless independent oversight is conducted by the Of-18
fice of Enterprise Assessments to ensure the project is in 19
compliance with nuclear safety requirements. 20
S
EC. 304. None of the funds made available in this 21
title may be used to approve critical decision-2 or critical 22
decision-3 under Department of Energy Order 413.3B, or 23
any successive departmental guidance, for construction 24
projects where the total project cost exceeds 25
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$100,000,000, until a separate independent cost estimate 1
has been developed for the project for that critical deci-2
sion. 3
S
EC. 305. None of the funds made available in this 4
title may be used to support a grant allocation award, dis-5
cretionary grant award, or cooperative agreement that ex-6
ceeds $100,000,000 in Federal funding unless the project 7
is carried out through internal independent project man-8
agement procedures. 9
S
EC. 306. No funds shall be transferred directly from 10
‘‘Department of Energy—Power Marketing Administra-11
tion—Colorado River Basins Power Marketing Fund, 12
Western Area Power Administration’’ to the general fund 13
of the Treasury in the current fiscal year. 14
S
EC. 307. None of the funds made available by this 15
Act may be used to finalize, implement, administer, or en-16
force an energy efficiency standard that increases effi-17
ciency standards on distribution transformers, including 18
the proposed rule entitled ‘‘Energy Conservation Program: 19
Energy Conservation Standards for Distribution Trans-20
formers’’ published by the Department of Energy in the 21
Federal Register on January 11, 2023 (88 Fed. Reg. 22
1722) or any substantially similar rule. 23
S
EC. 308. Notwithstanding section 301(c) of this Act, 24
none of the funds made available under the heading ‘‘De-25
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partment of Energy—Energy Programs—Science’’ may 1
be used for a multiyear contract, grant, cooperative agree-2
ment, or Other Transaction Agreement of $5,000,000 or 3
less unless the contract, grant, cooperative agreement, or 4
Other Transaction Agreement is funded for the full period 5
of performance as anticipated at the time of award. 6
S
EC. 309. (a) Of the unobligated balances of amounts 7
made available to the Department of Energy under each 8
heading in title III of division J of Public Law 117–58, 9
an amount equal to the amount transferred from each 10
such heading as of the date of enactment of this Act pur-11
suant to section 303 of Public Law 117–58 shall be trans-12
ferred on October 1, 2023, to the Office of the Inspector 13
General of the Department of Energy to oversee the funds 14
made available to the Department of Energy in Public 15
Law 117–58: Provided, That any amounts so transferred 16
that were previously designated by the Congress as an 17
emergency requirement pursuant to the Balanced Budget 18
and Emergency Deficit Control Act of 1985 or a concur-19
rent resolution on the budget are designated by the Con-20
gress as an emergency requirement pursuant to section 21
251(b)(2)(A)(i) of the Balanced Budget and Emergency 22
Deficit Control Act of 1985. 23
(b) Beginning on October 1, 2023, of the amounts 24
made available to the Department of Energy under each 25
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of sections 50121, 50141, 50142, 50143, 50144, 50145, 1
50151, 50152, 50153, and 50161 of Public Law 117–169, 2
two-tenths of one percent of such amounts shall be trans-3
ferred to the Office of the Inspector General of the De-4
partment of Energy to oversee the funds made available 5
to the Department of Energy in Public Law 117–169: 6
Provided, That amounts so transferred shall be derived 7
from the unobligated balances of amounts under each such 8
section. 9
(c) Section 303 of Public Law 117–58 is amended 10
by— 11
(1) striking ‘‘One-tenth’’ and inserting ‘‘(a) Ex-12
cept as provided in subsection (b), one-tenth’’; and 13
(2) adding at the end the following new provi-14
sion: 15
‘‘(b) Beginning on October 1, 2023, of the 16
amounts made available to the Department of 17
Energy under each heading in this title in this 18
Act, two-tenths of one percent of such amounts 19
in each of fiscal years 2024 through 2026 shall 20
be transferred to the Office of the Inspector 21
General of the Department of Energy to over-22
see the funds made available to the Department 23
of Energy in this title in this Act: Provided, 24
That any amounts so transferred that were pre-25
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viously designated by the Congress as an emer-1
gency requirement pursuant to the Balanced 2
Budget and Emergency Deficit Control Act of 3
1985 or a concurrent resolution on the budget 4
are designated by the Congress as an emer-5
gency requirement pursuant to section 6
251(b)(2)(A)(i) of the Balanced Budget and 7
Emergency Deficit Control Act of 1985.’’ 8
S
EC. 310. (a) Notwithstanding sections 161 and 167 9
of the Energy Policy and Conservation Act (42 U.S.C. 10
6241, 6247), the Secretary of Energy shall draw down and 11
sell one million barrels of refined petroleum product from 12
the Strategic Petroleum Reserve during fiscal year 2024. 13
(b) All proceeds from such sale shall be deposited into 14
the general fund of the Treasury during fiscal year 2024. 15
(c) Upon the completion of such sale, the Secretary 16
shall carry out the closure of the Northeast Gasoline Sup-17
ply Reserve. 18
(d)(1) The Secretary of Energy may not establish any 19
new regional petroleum product reserve unless funding for 20
the proposed regional petroleum product reserve is explic-21
itly requested in advance in an annual budget submission 22
and approved by the Congress in an appropriations Act. 23
(2) The budget request or notification shall in-24
clude— 25
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(A) the justification for the new reserve; 1
(B) a cost estimate for the establishment, 2
operation, and maintenance of the reserve, in-3
cluding funding sources; 4
(C) a detailed plan for operation of the re-5
serve, including the conditions upon which the 6
products may be released; 7
(D) the location of the reserve; and 8
(E) the estimate of the total inventory of 9
the reserve. 10
S
EC. 311. Of the authority made available in Public 11
Law 117–328 for the Title 17 Innovative Technology 12
Loan Guarantee Program for commitments to guarantee 13
loans for eligible projects under title XVII of the Energy 14
Policy Act of 2005, a total principal of $15,000,000,000 15
is hereby permanently rescinded. 16
S
EC. 312. (a) Of the unobligated balances from 17
amounts made available in section 50131 of Public Law 18
117–169, $1,000,000,000 are hereby permanently re-19
scinded. 20
(b) Of the unobligated balances from amounts made 21
available in section 50122 of Public Law 117–169, 22
$4,500,000,000 are hereby permanently rescinded. 23
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(c) Of the unobligated balances from amounts made 1
available in section 50123 of Public Law 117–169, 2
$200,000,000 are hereby permanently rescinded. 3
S
EC. 313. None of the funds appropriated or other-4
wise made available by this Act may be expended to sup-5
port the Department of Energy Justice40 initiative as de-6
fined by or required by Executive Order 14008. 7
S
EC. 314. None of the funds made available by this 8
Act may be used to draw down and sell petroleum prod-9
ucts from the Strategic Petroleum Reserve (1) to any enti-10
ty that is under the ownership, control, or influence of 11
the Chinese Communist Party; or (2) except on condition 12
that such petroleum products will not be exported to the 13
People’s Republic of China. 14
S
EC. 315. The funds made available to the Depart-15
ment of Energy in this Act shall be applied in a manner 16
consistent with subtitle D of title VI of the Research and 17
Development, Competition, and Innovation Act (enacted 18
as division B of the CHIPS Act of 2022 (Public Law 117– 19
167; 42 U.S.C. 19231 et seq.)). 20
S
EC. 316. (a) Of the unobligated amounts available 21
under the heading ‘‘Department of Energy—Energy Pro-22
grams—Nuclear Energy’’ in division J of the Infrastruc-23
ture Investment and Jobs Act (Public Law 117–58) for 24
fiscal years 2024, 2025, and 2026, the following are avail-25
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able, in addition to amounts otherwise made available for 1
these purposes: 2
(1) (A) $2,400,000,000 for Advanced Nuclear 3
Fuel Availability, of which $800,000,000, to remain 4
available until expended, shall be available in each of 5
fiscal years 2024, 2025, 2026. 6
(B) Funds available under subparagraph 7
(A) shall only be available if a law is enacted 8
after May 1, 2023, that specifically authorizes 9
a program for the Secretary of Energy to sup-10
port the availability of low-enriched uranium, 11
including high-assay low-enriched uranium, for 12
civilian domestic research, development, dem-13
onstration, and commercial use. 14
(2) $1,197,000,000 to carry out the ongoing 15
demonstration project under the Advanced Small 16
Modular Reactor RD&D program, of which 17
$399,000,000, to remain available until expended, 18
shall be available in each of fiscal years 2024, 2025, 19
and 2026. 20
(b) Amounts repurposed pursuant to this paragraph 21
that were previously designated by the Congress as an 22
emergency requirement pursuant to the Balanced Budget 23
and Emergency Deficit Control Act of 1985 or a concur-24
rent resolution on the budget are designated by the Con-25
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gress as an emergency requirement pursuant to section 1
251(b)(2)(A)(i) of the Balanced Budget and Emergency 2
Deficit Control Act of 1985. 3
S
EC. 317. None of the funds made available in this 4
title may be used to finalize, implement, administer, or 5
enforce the proposed rule titled ‘‘Energy Conservation 6
Program: Energy Conservation Standards for Consumer 7
Conventional Cooking Products; Supplemental Notice of 8
Proposed Rulemaking and announcement of public meet-9
ing’’ (88 Fed. Reg. 6818; published February 1, 2023) 10
with respect to energy conservation standards for gas 11
kitchen ranges and ovens, or any substantially similar 12
rule, including any rule that would directly or indirectly 13
limit consumer access to gas kitchen ranges or ovens. 14
TITLE IV 15
INDEPENDENT AGENCIES 16
A
PPALACHIANREGIONALCOMMISSION 17
For expenses necessary to carry out the programs au-18
thorized by the Appalachian Regional Development Act of 19
1965, as amended, and for expenses necessary for the 20
Federal Co-Chairman and the Alternate on the Appa-21
lachian Regional Commission, for payment of the Federal 22
share of the administrative expenses of the Commission, 23
including services as authorized by 5 U.S.C. 3109, and 24
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hire of passenger motor vehicles, $200,000,000, to remain 1
available until expended. 2
D
EFENSENUCLEARFACILITIESSAFETYBOARD 3
SALARIES AND EXPENSES 4
For expenses necessary for the Defense Nuclear Fa-5
cilities Safety Board in carrying out activities authorized 6
by the Atomic Energy Act of 1954, as amended by Public 7
Law 100–456, section 1441, $45,000,000, to remain 8
available until September 30, 2025, of which not to exceed 9
$1,000 shall be available for official reception and rep-10
resentation expenses. 11
D
ELTAREGIONALAUTHORITY 12
SALARIES AND EXPENSES 13
For expenses necessary for the Delta Regional Au-14
thority and to carry out its activities, as authorized by 15
the Delta Regional Authority Act of 2000, notwith-16
standing sections 382F(d), 382M, and 382N of said Act, 17
$31,100,000, to remain available until expended. 18
D
ENALICOMMISSION 19
For expenses necessary for the Denali Commission 20
including the purchase, construction, and acquisition of 21
plant and capital equipment as necessary and other ex-22
penses, $17,000,000, to remain available until expended, 23
notwithstanding the limitations contained in section 24
306(g) of the Denali Commission Act of 1998: Provided, 25
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That funds shall be available for construction projects for 1
which the Denali Commission is the sole or primary fund-2
ing source in an amount not to exceed 80 percent of total 3
project cost for distressed communities, as defined by sec-4
tion 307 of the Denali Commission Act of 1998 (division 5
C, title III, Public Law 105–277), as amended by section 6
701 of appendix D, title VII, Public Law 106–113 (113 7
Stat. 1501A–280), and an amount not to exceed 50 per-8
cent for non-distressed communities: Provided further, 9
That notwithstanding any other provision of law regarding 10
payment of a non-Federal share in connection with a 11
grant-in-aid program, amounts under this heading shall 12
be available for the payment of such a non-Federal share 13
for any project for which the Denali Commission is not 14
the sole or primary funding source, provided that such 15
project is consistent with the purposes of the Commission. 16
N
ORTHERNBORDERREGIONALCOMMISSION 17
For expenses necessary for the Northern Border Re-18
gional Commission in carrying out activities authorized by 19
subtitle V of title 40, United States Code, $40,000,000, 20
to remain available until expended: Provided, That such 21
amounts shall be available for administrative expenses, 22
notwithstanding section 15751(b) of title 40, United 23
States Code. 24
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SOUTHEASTCRESCENTREGIONALCOMMISSION 1
For expenses necessary for the Southeast Crescent 2
Regional Commission in carrying out activities authorized 3
by subtitle V of title 40, United States Code, $20,000,000, 4
to remain available until expended. 5
S
OUTHWESTBORDERREGIONALCOMMISSION 6
For expenses necessary for the Southwest Border Re-7
gional Commission in carrying out activities authorized by 8
subtitle V of title 40, United States Code, $5,000,000, to 9
remain available until expended. 10
G
REATLAKESAUTHORITY 11
For expenses necessary for the Great Lakes Author-12
ity in carrying out activities authorized by subtitle V of 13
title 40, United States Code, $5,000,000, to remain avail-14
able until expended. 15
N
UCLEARREGULATORYCOMMISSION 16
SALARIES AND EXPENSES 17
For expenses necessary for the Commission in car-18
rying out the purposes of the Energy Reorganization Act 19
of 1974 and the Atomic Energy Act of 1954, 20
$960,560,450 (reduced by $1,000,000) (increased by 21
$1,000,000), including official representation expenses not 22
to exceed $30,000, to remain available until expended: 23
Provided, That of the amount appropriated herein, not 24
more than $10,350,720 may be made available for sala-25
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ries, travel, and other support costs for the Office of the 1
Commission, to remain available until September 30, 2
2025: Provided further, That revenues from licensing fees, 3
inspection services, and other services and collections esti-4
mated at $807,727,130 in fiscal year 2024 shall be re-5
tained and used for necessary salaries and expenses in this 6
account, notwithstanding 31 U.S.C. 3302, and shall re-7
main available until expended: Provided further, That the 8
sum herein appropriated shall be reduced by the amount 9
of revenues received during fiscal year 2024 so as to result 10
in a final fiscal year 2024 appropriation estimated at not 11
more than $152,833,320. 12
OFFICE OF INSPECTOR GENERAL 13
For expenses necessary for the Office of Inspector 14
General in carrying out the provisions of the Inspector 15
General Act of 1978, $18,648,340, to remain available 16
until September 30, 2025: Provided, That revenues from 17
licensing fees, inspection services, and other services and 18
collections estimated at $15,481,566 in fiscal year 2024 19
shall be retained and be available until September 30, 20
2025, for necessary salaries and expenses in this account, 21
notwithstanding section 3302 of title 31, United States 22
Code: Provided further, That the sum herein appropriated 23
shall be reduced by the amount of revenues received dur-24
ing fiscal year 2024 so as to result in a final fiscal year 25
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2024 appropriation estimated at not more than 1
$3,166,774: Provided further, That of the amounts appro-2
priated under this heading, $1,534,900 shall be for In-3
spector General services for the Defense Nuclear Facilities 4
Safety Board. 5
N
UCLEARWASTETECHNICALREVIEWBOARD 6
SALARIES AND EXPENSES 7
For expenses necessary for the Nuclear Waste Tech-8
nical Review Board, as authorized by Public Law 100– 9
203, section 5051, $4,064,000, to be derived from the Nu-10
clear Waste Fund, to remain available until September 30, 11
2025. 12
GENERAL PROVISIONS—INDEPENDENT 13
AGENCIES 14
S
EC. 401. The Nuclear Regulatory Commission shall 15
comply with the July 5, 2011, version of Chapter VI of 16
its Internal Commission Procedures when responding to 17
Congressional requests for information, consistent with 18
Department of Justice guidance for all Federal agencies. 19
S
EC. 402. (a) The amounts made available by this 20
title for the Nuclear Regulatory Commission may be re-21
programmed for any program, project, or activity, and the 22
Commission shall notify the Committees on Appropria-23
tions of both Houses of Congress at least 30 days prior 24
to the use of any proposed reprogramming that would 25
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cause any program funding level to increase or decrease 1
by more than $500,000 or 10 percent, whichever is less, 2
during the time period covered by this Act. 3
(b)(1) The Nuclear Regulatory Commission may 4
waive the notification requirement in subsection (a) if 5
compliance with such requirement would pose a substan-6
tial risk to human health, the environment, welfare, or na-7
tional security. 8
(2) The Nuclear Regulatory Commission shall notify 9
the Committees on Appropriations of both Houses of Con-10
gress of any waiver under paragraph (1) as soon as prac-11
ticable, but not later than 3 days after the date of the 12
activity to which a requirement or restriction would other-13
wise have applied. Such notice shall include an explanation 14
of the substantial risk under paragraph (1) that permitted 15
such waiver and shall provide a detailed report to the 16
Committees of such waiver and changes to funding levels 17
to programs, projects, or activities. 18
(c) Except as provided in subsections (a), (b), and 19
(d), the amounts made available by this title for ‘‘Nuclear 20
Regulatory Commission—Salaries and Expenses’’ shall be 21
expended as directed in the report accompanying this Act. 22
(d) None of the funds provided for the Nuclear Regu-23
latory Commission shall be available for obligation or ex-24
penditure through a reprogramming of funds that in-25
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creases funds or personnel for any program, project, or 1
activity for which funds are denied or restricted by this 2
Act. 3
(e) The Commission shall provide a monthly report 4
to the Committees on Appropriations of both Houses of 5
Congress, which includes the following for each program, 6
project, or activity, including any prior year appropria-7
tions— 8
(1) total budget authority; 9
(2) total unobligated balances; and 10
(3) total unliquidated obligations. 11
TITLE V—WATER FOR CALIFORNIA 12
S
EC. 501. DEFINITIONS. 13
In Subtitle A through Subtitle D, the following defini-14
tions apply: 15
(1) C
VP.—The term ‘‘CVP’’ means the Central 16
Valley Project. 17
(2) C
VP CONTRACTOR.—The term ‘‘CVP con-18
tractor’’ means any public water agency, water user 19
organization, or person that has entered into a con-20
tract with the United States for water service from 21
the CVP, whether in the form of a water service 22
contract, repayment contract, water rights settle-23
ment contract, exchange contract, or refuge con-24
tract. 25
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(3) FWS BIOLOGICAL OPINION .—The term 1
‘‘FWS Biological Opinion’’ means the United States 2
Fish and Wildlife Service ‘‘Biological Opinion for the 3
Reinitiation of Consultation on the Coordinated Op-4
erations of the Central Valley Project and State 5
Water Project’’ (Service File No. 08FBTD00–2019– 6
F–0164) signed on October 21, 2019. 7
(4) N
OAA BIOLOGICAL OPINION .—The term 8
‘‘NOAA Biological Opinion’’ means the National 9
Oceanic and Atmospheric Administration Fisheries 10
‘‘Biological Opinion on the Long-term Operation of 11
the Central Valley Project and the State Water 12
Project’’ (Consultation Tracking Number: WCRO– 13
2016–00069) signed on October 21, 2019. 14
(5) P
REFERRED ALTERNATIVE .—The term 15
‘‘Preferred Alternative’’ means the Alternative 1 16
(Preferred Alternative), as described in the Final 17
Environmental Impact Statement on the Reinitiation 18
of Consultation on the Coordinated Long-Term Op-19
eration of the Central Valley Project and the State 20
Water Project, issued by the Bureau of Reclamation, 21
and dated December 2019. 22
(6) S
WP.—The term ‘‘SWP’’ means the Cali-23
fornia State Water Project. 24
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(7) SWP CONTRACTOR.—The term ‘‘SWP con-1
tractor’’ means a public agency that has entered into 2
a long-term water supply contract with the Cali-3
fornia Department of Water Resources for water 4
service from the SWP. 5
S
EC. 502. TREATMENT OFFUNDS. 6
Amounts repurposed pursuant to this title that were 7
previously designated by the Congress as an emergency 8
requirement pursuant to the Balanced Budget and Emer-9
gency Deficit Control Act of 1985 or a concurrent resolu-10
tion on the budget are designated by the Congress as an 11
emergency requirement pursuant to section 12
251(b)(2)(A)(i) of the Balanced Budget and Emergency 13
Deficit Control Act of 1985. 14
Subtitle A—CVP and SWP Operations 15
S
EC. 511. OPERATION OF THECVP ANDSWP. 16
(a) C
ONGRESSIONAL DIRECTIONREGARDINGCVP 17
ANDSWPOPERATIONS.—The CVP and the SWP shall be 18
operated, and reporting shall be done, in accordance with 19
the Preferred Alternative and FWS Biological Opinion 20
and NOAA Biological Opinion. 21
(b) E
XCEPTIONS.—Operation of the CVP and SWP 22
shall proceed pursuant to subsection (a) of this section, 23
except: 24
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(1) to the extent changes to operations are un-1
dertaken pursuant to one or more agreements, which 2
are voluntarily entered into, approved, and imple-3
mented by CVP contractors, for operations of the 4
CVP, and SWP contractors, for operations of the 5
SWP, with all applicable Federal departments and 6
the State of California, including any agency or 7
board of the State of California; or 8
(2) to the extent changes in operations of the 9
CVP, SWP, or both can be made while improving 10
the supply of water available to CVP contractors, 11
SWP contractors, or both. 12
(c) C
OSTS.—No cost, including water supply, finan-13
cial, mintigation-related, or otherwise, associated with the 14
implementation of any agreement under subsection (b)(1) 15
or the implementation of any reoperation under subsection 16
(b)(2) shall be imposed by any Federal department or 17
agency or the State of California, including any agency 18
or board of the State of California, directly or indirectly 19
on any CVP contractor, SWP contractor, or any other per-20
son or entity, unless such costs are incurred on a voluntary 21
basis. 22
(d) N
OREDIRECTEDADVERSEIMPACTS.—The Sec-23
retary of the Interior and Secretary of Commerce shall 24
not carry out any specific action authorized under the ap-25
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plicable provisions of this subtitle that would directly or 1
through State agency action indirectly result in the invol-2
untary reduction of water supply to an individual, district, 3
or agency that has in effect a contract for water with the 4
SWP or the CVP, including settlement, exchange, and ref-5
uge contracts, and Friant Division contracts. 6
(e) E
NDANGERED SPECIESACT.—Notwithstanding 7
subsection (b), implementation of subsection (a) shall not 8
conflict with the FWS Biological Opinion and the NOAA 9
Biological Opinion. 10
(f) N
ATIVESPECIESPROTECTION.—The State of 11
California shall not impose any bag, catch, or size restric-12
tion or limit on the take or harvest of striped bass or any 13
species of black bass, including largemouth bass, 14
smallmouth bass, and spotted bass, that occupy the Sac-15
ramento-San Joaquin Rivers Delta or its tributaries. 16
S
EC. 512. OPERATIONS ANDREVIEWS. 17
In carrying out section 511(a), the Secretary of the 18
Interior and the Secretary of Commerce shall implement 19
their statutory authorities in a manner that improves 20
water supply reliability and enables the CVP and SWP 21
to provide the maximum quantity of water supplies prac-22
ticable to CVP agricultural, municipal, and industrial con-23
tractors, water service or repayment contractors, water 24
rights settlement contractors, exchange contractors, ref-25
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uge contractors, and SWP contractors, in accordance with 1
the Preferred Alternative, NOAA Biological Opinion, and 2
FWS Biological Opinion. 3
S
EC. 513. APPLICATION OFSTATELAWS. 4
(a) R
EDUCEDWATERSUPPLY.—If, as a result of the 5
application of applicable State law or regulation, the State 6
of California (including any agency or board of the State 7
of California) alters operation of the SWP in a manner 8
that directly or indirectly results in reduced water supply 9
to the SWP as compared with the water supply available 10
under the Preferred Alternative, and as a result, CVP 11
yield is greater than it otherwise would have been under 12
the Preferred Alternative, then that additional yield shall 13
be made available to the SWP for delivery to SWP Con-14
tractors to offset that reduced water supply. If it is nec-15
essary to reduce water supplies for any authorized uses 16
of the CVP or CVP Contractors to make available to the 17
SWP that additional yield, such reductions shall be ap-18
plied proportionately to those authorized uses or CVP con-19
tractors that benefit from that increased yield. 20
(b) N
ORESTRICTION OF CERTAINWATER 21
R
IGHTS.—The State of California (including any agency 22
or board of the State of California) shall not restrict the 23
exercise of any water right obtained pursuant to State law, 24
including but not limited to a pre-1914 appropriative right 25
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or riparian right in order to offset any impact resulting 1
from the implementation of this subtitle on any species 2
affected by operations of the CVP or the SWP. 3
(c) N
OINVOLUNTARY WATERREDUCTION.—The 4
State of California (including any agency or board of the 5
State of California), the Secretary of the Interior and Sec-6
retary of Commerce shall not take any action related to 7
operation of the CVP or SWP that would directly or indi-8
rectly result in the involuntary reduction of water supply 9
to any CVP agricultural, municipal and industrial con-10
tractor, water service or repayment contractor, water 11
rights settlement contractor, exchange contractor, refuge 12
contractor or any SWP contractor, as compared to the 13
water supply available under the Preferred Alternative; 14
and nothing in this section is intended to modify, amend, 15
or affect any of the rights and obligations of the parties 16
to such contracts. 17
S
EC. 514. RECONSULTATION OF NOAA BIOLOGICAL 18
OPINION ANDFWS BIOLOGICAL OPINION. 19
(a) R
EQUIREMENT FOR RECONSULTATION.— 20
(1) R
EQUIREMENT.—Unless action is taken 21
pursuant to section 101(b), neither the Secretary of 22
the Interior, acting through the Commissioner of the 23
Bureau of Reclamation, nor the Secretary of Com-24
merce, or their designees shall commence, complete, 25
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or request reinitiation of consultation on the coordi-1
nated long-term operation of the Central Valley 2
Project and the State Water Project that will result 3
in changes to or the replacement of the documents 4
listed in paragraph (2) unless— 5
(A) more than 75 percent of California has 6
experienced 4 consecutive years of D3 or D4 7
level drought, as defined by the U.S. Drought 8
Monitor; 9
(B) the Commissioner of the Bureau of 10
Reclamation identifies one specific factor or 11
combination of factors under section 402.16 of 12
title 50, Code of Federal Regulations; and 13
(C) not fewer than 120 days before offi-14
cially commencing or requesting reinitiation, the 15
Secretary of the Interior notifies the Committee 16
on Natural Resources of the House of Rep-17
resentatives, and the Committee on Energy and 18
Natural Resources of the Senate, in writing, 19
of— 20
(i) the intent to commence or request 21
reinitiation under this section; and 22
(ii) the detailed justification for the 23
identification of the specific factor or com-24
bination of factors under section 402.16 of 25
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title 50, Code of Federal Regulations, that 1
was identified to satisfy the requirement in 2
subparagraph (B). 3
(2) D
OCUMENTS.—The documents referred to 4
in paragraph (1) are the following: 5
(A) The FWS Biological Opinion. 6
(B) The NOAA Biological Opinion. 7
(C) The Record of Decision for the Reiniti-8
ation of Consultation on the Coordinated Long- 9
Term Modified Operations of the Central Valley 10
Project and State Water Project, signed on 11
February 18, 2020. 12
(b) A
PPLICABLEPROCEDURES AND REVIEW.—For 13
the purposes of this Act, before reinitiating consultation 14
on the Long-Term Operation of the CVP and SWP, a re-15
quest by the Secretary of the Interior, the Secretary of 16
the Commerce, or any other Federal employee, to reini-17
tiate consultation shall be made in writing and considered 18
a rule under section 551 of title 5, United States Code, 19
and subject to the requirements of sections 801 through 20
808 of that title. 21
(c) C
OOPERATION.—In implementing this section, the 22
Secretary of the Interior and the Secretary of Commerce 23
shall comply with requirements included in section 4004 24
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of the Water Infrastructure Improvements for the Nation 1
Act (Public Law 114–322). 2
(d) E
XCLUSION.—Notwithstanding subsection (b), in 3
implementing this section, section 801(b)(2) of title 5, 4
United States Code, shall not apply. 5
S
EC. 515. SUNSET. 6
Sections 511 through 514 shall have no force or ef-7
fect on and after the date that is 7 years after the date 8
of the enactment of this Act. 9
S
EC. 516. CONSULTATION ON COORDINATED OPER -10
ATIONS. 11
The Water Infrastructure Improvements for the Na-12
tion Act (Public Law 114–322) is amended— 13
(1) in section 4004(a)— 14
(A) in the matter preceding paragraph (1), 15
strike ‘‘public water agency that contracts’’ and 16
insert ‘‘contractor’’; 17
(B) in paragraph (1), by inserting ‘‘or pro-18
posed action’’ after ‘‘biological assessment,’’; 19
(C) in paragraph (2), by inserting ‘‘or pro-20
posed action’’ after ‘‘biological assessment,’’; 21
(D) by redesignating paragraphs (3) 22
through (6) as paragraphs (4) through (7), re-23
spectively; 24
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(E) after paragraph (2), by inserting the 1
following new paragraph: 2
‘‘(3) receive a copy of the draft proposed action 3
and have the opportunity to review that document 4
and provide comment to the action agency, which 5
comments shall be afforded due consideration during 6
development;’’; and 7
(F) in paragraph (7), as redesignated by 8
subparagraph (C) of this paragraph— 9
(i) in the matter preceding subpara-10
graph (A), by inserting ‘‘action agency pro-11
poses a proposed action or’’ before ‘‘the 12
consulting agency’’; 13
(ii) in subparagraph (A), by inserting 14
‘‘proposed action or’’ before ‘‘alternative 15
will’’; and 16
(iii) in subparagraph (B), by striking 17
‘‘alternative actions’’ and insert ‘‘actions 18
or alternatives’’; and 19
(2) in section 4013, by deleting ‘‘section 4004, 20
which shall expire 10 years after the date of its en-21
actment;’’ and inserting ‘‘section 4004, which shall 22
expire on December 16, 2033;’’. 23
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Subtitle B—Allocations for Sacramento Valley 1
Contractors 2
S
EC. 521. DEFINITIONS. 3
In this subtitle, the following definitions apply: 4
(1) The term ‘‘existing CVP agricultural water 5
service or repayment contractor within the Sac-6
ramento River Watershed’’ means any water service 7
or repayment contractor within the Shasta, Trinity, 8
or Sacramento River division of the CVP that has 9
in effect a water service or repayment contract on 10
the date of enactment of this title that provides 11
water for irrigation. 12
(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-13
mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 14
have the meanings given those terms in the Sac-15
ramento Valley Water Year Type (40–30–30) Index. 16
S
EC. 522. ALLOCATIONS OF WATER . 17
Subject to section 523, the Secretary of the Interior 18
shall make every reasonable effort in the operation of the 19
CVP to allocate water provided for irrigation purposes to 20
each existing CVP agricultural water service contractor 21
within the Sacramento River Watershed in accordance 22
with the following: 23
(1) Not less than 100 percent of the contract 24
quantity of the existing CVP agricultural water serv-25
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ice contractor within the Sacramento River Water-1
shed in a Wet year. 2
(2) Not less than 100 percent of the contract 3
quantity of the existing CVP agricultural water serv-4
ice contractor within the Sacramento River Water-5
shed in an Above Normal year. 6
(3) Not less than 100 percent of the contract 7
quantity of the existing CVP agricultural water serv-8
ice contractor within the Sacramento River Water-9
shed in a Below Normal year that is preceded by an 10
Above Normal or Wet year. 11
(4) Not less than 50 percent of the contract 12
quantity of the existing CVP agricultural water serv-13
ice contractor within the Sacramento River Water-14
shed in a Dry year that is preceded by a Below Nor-15
mal, Above Normal, or Wet year. 16
(5) In any other year not identified in para-17
graphs (1) through (4), not less than twice the allo-18
cation percentage to south-of-Delta CVP agricultural 19
water service contractors, up to 100 percent. 20
S
EC. 523. PROTECTION OF REFUGE , MUNICIPAL AND 21
INDUSTRIAL, AND OTHER CONTRACTORS . 22
Nothing in section 522 shall— 23
(1) adversely affect any protections for the envi-24
ronment, including the obligation of the Secretary of 25
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the Interior to make water available to managed 1
wetlands pursuant to section 3406(d) of the Central 2
Valley Project Improvement Act (title XXXIV of 3
Public Law 102–575; 106 Stat. 4722); 4
(2) adversely affect any obligation of the Sec-5
retary of the Interior or the Secretary of Commerce 6
under the FWS Biological Opinion or the NOAA Bi-7
ological Opinion; 8
(3) modify any provision of a water service con-9
tract that addresses municipal or industrial water 10
shortage policies of the Secretary of the Interior; 11
(4) affect or limit the authority of the Secretary 12
of the Interior to adopt or modify municipal and in-13
dustrial water shortage policies; 14
(5) constrain, govern, or affect, directly or indi-15
rectly, the operations of the American River division 16
of the CVP or any deliveries from that division or 17
a unit or facility of that division; or 18
(6) affect any allocation to a CVP municipal or 19
industrial water service contractor by increasing or 20
decreasing allocations to the contractor, as compared 21
to the allocation the contractor would have received 22
absent section 522. 23
S
EC. 524. OTHER CONTRACTORS . 24
Nothing in section 522 shall— 25
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(1) affect the priority of any individual or entity 1
with a Sacramento River settlement contract over 2
water service or repayment contractors; 3
(2) affect the United States ability to deliver 4
water to the San Joaquin River exchange contrac-5
tors from the Sacramento River and the Delta via 6
the Delta-Mendota Canal or modify or amend the 7
rights and obligations under the Purchase Contract 8
between Miller and Lux and the United States and 9
the Second Amended Exchange Contract between 10
the United States, Department of the Interior, Bu-11
reau of Reclamation and Central California Irriga-12
tion District, San Luis Canal Company, Firebaugh 13
Canal Water District and Columbia Canal Company; 14
(3) affect the allocation of water to Friant divi-15
sion contractors of the CVP; 16
(4) result in the involuntary reduction in con-17
tract water allocations to individuals or entities with 18
contracts to receive water from the Friant division; 19
(5) result in the involuntary reduction in water 20
allocations to refuge contractors; or 21
(6) authorize any actions inconsistent with 22
State water rights law. 23
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Subtitle C—Infrastructure 1
S
EC. 531. SHASTA RESERVOIR ENLARGEMENT 2
PROJECT. 3
Section 40902(a)(2) of the Infrastructure Investment 4
and Jobs Act (Public Law 117–58) is amended— 5
(1) in subparagraph (B)— 6
(A) in the matter preceding clause (i), by 7
striking ‘‘this Act, except for any project for 8
which—’’ and inserting ‘‘this Act; or’’; and 9
(B) by striking clauses (i) and (ii); and 10
(2) in subparagraph (C), by striking ‘‘(except 11
that projects described in clauses (i) and (ii) of sub-12
paragraph (B) shall not be eligible)’’. 13
S
EC. 532. WATER SUPPLY PLAN; PROJECTS. 14
(a) P
LAN.—Not later than 180 days after the date 15
of the enactment of this Act, the Commissioner of the Bu-16
reau of Reclamation shall develop a water deficit report, 17
which shall identify— 18
(1) projected water supply shortages in the 19
State of California for irrigation water service, mu-20
nicipal and industrial water service, water supply for 21
wildlife refuges supplied by the CVP or the SWP; 22
and 23
(2) infrastructure projects or actions which, if 24
taken, would— 25
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(A) significantly reduce or eliminate the 1
projected water supply shortage; or 2
(B) fulfill water allocations consistent with 3
agricultural, municipal and industrial contrac-4
tors, water service or repayment contractors, 5
water rights settlement contractors, exchange 6
contractors, and SWP contractors with water 7
delivery contractors on the CVP and SWP. 8
(b) R
EPORT TOCONGRESS.—The Commissioner of 9
the Bureau of Reclamation shall provide a report de-10
scribed in subsection (a) to the House Committee on Ap-11
propriations, the Senate Committee on Appropriations, 12
the House Committee on Natural Resources, the Senate 13
Committee on Energy, and the Senate Committee on Nat-14
ural Resources upon its completion. 15
S
EC. 533. CONSERVATION FISH HATCHERIES . 16
Section 4010(b)(5) of the Water Infrastructure Im-17
provements for the Nation Act (Public Law 114–322) is 18
amended by adding at the end the following: 19
‘‘(D) S
EMI-ANNUAL REPORT .—The Sec-20
retary of the Interior and the Secretary of 21
Commerce shall submit to the Committee on 22
Natural Resources of the House of Representa-23
tives, and the Committee on Energy and Nat-24
ural Resources of the Senate semi-annual re-25
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ports that detail activities carried out under 1
this paragraph.’’. 2
S
EC. 534. STORAGE; DURATION. 3
(a) S
TORAGE.—Section 4007 of the Water Infra-4
structure Improvements for the Nation Act (Public Law 5
114–322) is amended— 6
(1) in subsection (b)(1), by striking ‘‘or any 7
public agency organized pursuant to State law’’ and 8
inserting ‘‘any public agency organized pursuant to 9
State law, or any stakeholder’’; and 10
(2) in subsection (i), by striking ‘‘January 1, 11
2021’’ and inserting ‘‘January 1, 2028’’. 12
(b) D
URATION.—Section 4013 of the Water Infra-13
structure Improvements for the Nation Act (Public Law 14
114–322) is amended— 15
(1) in paragraph (1), by striking ‘‘and’’; 16
(2) by redesignating paragraph (2) as para-17
graph (3); and 18
(3) by inserting after paragraph (1) the fol-19
lowing: 20
‘‘(2) section 4007, which (except as provided in 21
paragraph (3)), shall expire on December 31, 2028; 22
and’’. 23
S
EC. 535. SHASTA DAM ENLARGEMENT 24
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No provision of State law shall preclude or otherwise 1
prevent any public water agency, including a public agency 2
of the State, that contracts for the delivery of CVP water 3
from assisting or cooperating with, whether by loan, grant, 4
license, or otherwise, the planning and construction of any 5
project undertaken by the Bureau of Reclamation to en-6
large Shasta Dam. 7
Subtitle D—CVPIA Actions 8
S
EC. 541. CVPIA RESTORATION ACTIONS. 9
(a) R
EFUGEWATERSUPPLYPROGRAM.—Not later 10
than 2 years after the date of enactment of this Act, the 11
Secretary of the Interior shall complete the refuge water 12
supply program under section 3406(d) of the Central Val-13
ley Project Improvement Act (title XXXIV of Public Law 14
102–575; 106 Stat. 4722) and shall, within that 2-year 15
period, give priority to completing the refuge water supply 16
program when making funding decisions from the Central 17
Valley Project Restoration Fund established under section 18
3407 of the Central Valley Project Improvement Act (106 19
Stat. 4726), the Infrastructure Investment and Jobs Act 20
(Public Law 117–25), the Land and Water Conservation 21
Fund Act (Public Law 88–578), and other sources of 22
funding. 23
(b) R
ESTORATIONACTIONSDEEMEDCOMPLETE.— 24
Upon completion of the refuge water supply program pur-25
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suant to subsection (a), or September 30, 2025, whichever 1
occurs first, the Secretary of the Interior shall deem com-2
plete the fish, wildlife, and habitat mitigation and restora-3
tion actions mandated under section 3406 of the Central 4
Valley Project Improvement Act (title XXXIV of Public 5
Law 102–575; 106 Stat. 4714). 6
Subtitle E—Water Supply Permitting Coordination Act 7
S
EC. 551. DEFINITIONS. 8
In this subtitle: 9
(1) B
UREAU.—The term ‘‘Bureau’’ means the 10
Bureau of Reclamation. 11
(2) C
OOPERATING AGENCIES .—The term ‘‘co-12
operating agency’’ means a Federal agency with ju-13
risdiction over a review, analysis, opinion, statement, 14
permit, license, or other approval or decision re-15
quired for a qualifying project under applicable Fed-16
eral laws and regulations, or a State agency subject 17
to section 503(c). 18
(3) Q
UALIFYING PROJECTS.—The term ‘‘quali-19
fying projects’’ means new surface water storage 20
projects in the States covered under the Act of June 21
17, 1902 (32 Stat. 388, chapter 1093), and Acts 22
supplemental to and amendatory of that Act (43 23
U.S.C. 371 et seq.) constructed on lands adminis-24
tered by the Department of the Interior or the De-25
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partment of Agriculture, exclusive of any easement, 1
right-of-way, lease, or any private holding, if the 2
project applicant or sponsor elects to participate in 3
the process authorized by this title. Such term shall 4
also include State-led projects (as defined in section 5
4007(a)(2) of the WIIN Act) for new surface water 6
storage projects in the States covered under the Act 7
of June 17, 1902 (32 Stat. 388, chapter 1093), and 8
Acts supplemental to and amendatory of that Act 9
(43 U.S.C. 371 et seq.) constructed on lands admin-10
istered by the Department of the Interior or the De-11
partment of Agriculture, exclusive of any easement, 12
right-of-way, lease, or any private holding, unless the 13
project applicant elects not to participate in the 14
process authorized by this title. 15
(4) S
ECRETARY.—The term ‘‘Secretary’’ means 16
the Secretary of the Interior. 17
S
EC. 552. ESTABLISHMENT OF LEAD AGENCY AND 18
COOPERATING AGENCIES . 19
(a) E
STABLISHMENT OF LEADAGENCY.—The Bu-20
reau is established as the lead agency for purposes of co-21
ordinating all reviews, analyses, opinions, statements, per-22
mits, licenses, or other approvals or decisions required 23
under Federal law to construct qualifying projects. 24
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(b) IDENTIFICATION AND ESTABLISHMENT OF CO-1
OPERATINGAGENCIES.—The Commissioner of the Bureau 2
shall— 3
(1) identify, as early as practicable upon receipt 4
of an application for a qualifying project, any Fed-5
eral agency that may have jurisdiction over a review, 6
analysis, opinion, statement, permit, license, ap-7
proval, or decision required for a qualifying project 8
under applicable Federal laws and regulations; and 9
(2) notify any such agency, within a reasonable 10
timeframe, that the agency has been designated as 11
a cooperating agency in regards to the qualifying 12
project unless that agency responds to the Bureau in 13
writing, within a timeframe set forth by the Bureau, 14
notifying the Bureau that the agency— 15
(A) has no jurisdiction or authority with 16
respect to the qualifying project; 17
(B) has no expertise or information rel-18
evant to the qualifying project or any review, 19
analysis, opinion, statement, permit, license, or 20
other approval or decision associated therewith; 21
or 22
(C) does not intend to submit comments 23
on the qualifying project or conduct any review 24
of such a project or make any decision with re-25
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spect to such project in a manner other than in 1
cooperation with the Bureau. 2
(c) S
TATEAUTHORITY.—A State in which a quali-3
fying project is being considered may choose, consistent 4
with State law— 5
(1) to participate as a cooperating agency; and 6
(2) to make subject to the processes of this sub-7
title all State agencies that— 8
(A) have jurisdiction over the qualifying 9
project; 10
(B) are required to conduct or issue a re-11
view, analysis, or opinion for the qualifying 12
project; or 13
(C) are required to make a determination 14
on issuing a permit, license, or approval for the 15
qualifying project. 16
S
EC. 553. BUREAU RESPONSIBILITIES. 17
(a) I
NGENERAL.—The principal responsibilities of 18
the Bureau under this subtitle are— 19
(1) to serve as the point of contact for appli-20
cants, State agencies, Indian Tribes, and others re-21
garding proposed qualifying projects; 22
(2) to coordinate preparation of unified environ-23
mental documentation that will serve as the basis for 24
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all Federal decisions necessary to authorize the use 1
of Federal lands for qualifying projects; and 2
(3) to coordinate all Federal agency reviews 3
necessary for project development and construction 4
of qualifying projects. 5
(b) C
OORDINATION PROCESS.—The Bureau shall 6
have the following coordination responsibilities: 7
(1) P
REAPPLICATION COORDINATION .—Notify 8
cooperating agencies of proposed qualifying projects 9
not later than 30 days after receipt of a proposal 10
and facilitate a preapplication meeting for prospec-11
tive applicants, relevant Federal and State agencies, 12
and Indian Tribes— 13
(A) to explain applicable processes, data 14
requirements, and applicant submissions nec-15
essary to complete the required Federal agency 16
reviews within the timeframe established; and 17
(B) to establish the schedule for the quali-18
fying project. 19
(2) C
ONSULTATION WITH COOPERATING AGEN -20
CIES.—Consult with the cooperating agencies 21
throughout the Federal agency review process, iden-22
tify and obtain relevant data in a timely manner, 23
and set necessary deadlines for cooperating agencies. 24
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(3) SCHEDULE.—Work with the qualifying 1
project applicant and cooperating agencies to estab-2
lish a project schedule. In establishing the schedule, 3
the Bureau shall consider, among other factors— 4
(A) the responsibilities of cooperating 5
agencies under applicable laws and regulations; 6
(B) the resources available to the cooper-7
ating agencies and the non-Federal qualifying 8
project sponsor, as applicable; 9
(C) the overall size and complexity of the 10
qualifying project; 11
(D) the overall schedule for and cost of the 12
qualifying project; and 13
(E) the sensitivity of the natural and his-14
toric resources that may be affected by the 15
qualifying project. 16
(4) E
NVIRONMENTAL COMPLIANCE .—Prepare a 17
unified environmental review document for each 18
qualifying project application, incorporating a single 19
environmental record on which all cooperating agen-20
cies with authority to issue approvals for a given 21
qualifying project shall base project approval deci-22
sions. Help ensure that cooperating agencies make 23
necessary decisions, within their respective authori-24
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ties, regarding Federal approvals in accordance with 1
the following timelines: 2
(A) Not later than 1 year after acceptance 3
of a completed project application when an en-4
vironmental assessment and finding of no sig-5
nificant impact is determined to be the appro-6
priate level of review under the National Envi-7
ronmental Policy Act of 1969 (42 U.S.C. 4321 8
et seq.). 9
(B) Not later than 1 year and 30 days 10
after the close of the public comment period for 11
a draft environmental impact statement under 12
the National Environmental Policy Act of 1969 13
(42 U.S.C. 4321 et seq.), when an environ-14
mental impact statement is required under the 15
same. 16
(5) C
ONSOLIDATED ADMINISTRATIVE 17
RECORD.—Maintain a consolidated administrative 18
record of the information assembled and used by the 19
cooperating agencies as the basis for agency deci-20
sions. 21
(6) P
ROJECT DATA RECORDS .—To the extent 22
practicable and consistent with Federal law, ensure 23
that all project data is submitted and maintained in 24
generally accessible electronic format, compile, and 25
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where authorized under existing law, make available 1
such project data to cooperating agencies, the quali-2
fying project applicant, and to the public. 3
(7) P
ROJECT MANAGER .—Appoint a project 4
manager for each qualifying project. The project 5
manager shall have authority to oversee the project 6
and to facilitate the issuance of the relevant final 7
authorizing documents, and shall be responsible for 8
ensuring fulfillment of all Bureau responsibilities set 9
forth in this section and all cooperating agency re-10
sponsibilities under section 554. 11
S
EC. 554. COOPERATING AGENCY RESPONSIBILITIES . 12
(a) A
DHERENCE TOBUREAUSCHEDULE.— 13
(1) T
IMEFRAMES.—On notification of an appli-14
cation for a qualifying project, the head of each co-15
operating agency shall submit to the Bureau a time-16
frame under which the cooperating agency reason-17
ably will be able to complete the authorizing respon-18
sibilities of the cooperating agency. 19
(2) S
CHEDULE.— 20
(A) U
SE OF TIMEFRAMES .—The Bureau 21
shall use the timeframes submitted under this 22
subsection to establish the project schedule 23
under section 504. 24
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(B) ADHERENCE.—Each cooperating agen-1
cy shall adhere to the project schedule estab-2
lished by the Bureau under subparagraph (A). 3
(b) E
NVIRONMENTAL RECORD.—The head of each 4
cooperating agency shall submit to the Bureau all environ-5
mental review material produced or compiled in the course 6
of carrying out activities required under Federal law, con-7
sistent with the project schedule established by the Bureau 8
under subsection (a)(2). 9
(c) D
ATASUBMISSION.—To the extent practicable 10
and consistent with Federal law, the head of each cooper-11
ating agency shall submit all relevant project data to the 12
Bureau in a generally accessible electronic format, subject 13
to the project schedule established by the Bureau under 14
subsection (a)(2). 15
S
EC. 555. FUNDING TO PROCESS PERMITS . 16
(a) I
NGENERAL.—The Secretary, after public notice 17
in accordance with subchapter II of chapter 5, and chapter 18
7, of title 5, United States Code (commonly known as the 19
‘‘Administrative Procedure Act’’), may accept and expend 20
funds, to the extent provided in advance in appropriations 21
Acts, contributed by a non-Federal public entity to expe-22
dite the evaluation of a permit of that entity related to 23
a qualifying project. 24
(b) E
FFECT ONPERMITTING.— 25
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(1) EVALUATION OF PERMITS .—In carrying out 1
this section, the Secretary shall ensure that the eval-2
uation of permits carried out using funds accepted 3
under this section shall— 4
(A) be reviewed by the Regional Director 5
of the Bureau of the region in which the quali-6
fying project or activity is located (or a des-7
ignee); and 8
(B) use the same procedures for decisions 9
that would otherwise be required for the evalua-10
tion of permits for similar projects or activities 11
not carried out using funds authorized under 12
this section. 13
(2) I
MPARTIAL DECISION MAKING .—In carrying 14
out this section, the Secretary shall ensure that the 15
use of the funds accepted under this section for a 16
qualifying project shall not— 17
(A) substantively or procedurally impact 18
impartial decision making with respect to the 19
issuance of permits; or 20
(B) diminish, modify, or otherwise affect 21
the statutory or regulatory authorities of the 22
cooperating agency. 23
(c) L
IMITATION ONUSE OFFUNDS.—None of the 24
funds accepted under this section shall be used to carry 25
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out a review of the evaluation of permits required under 1
subsection (b)(1)(A). 2
(d) P
UBLICAVAILABILITY.—The Secretary shall en-3
sure that all final permit decisions carried out using funds 4
authorized under this section are made available to the 5
public, including on the internet. 6
TITLE VI 7
GENERAL PROVISIONS 8
(INCLUDING TRANSFER OF FUNDS) 9
S
EC. 601. None of the funds appropriated by this Act 10
may be used in any way, directly or indirectly, to influence 11
congressional action on any legislation or appropriation 12
matters pending before Congress, other than to commu-13
nicate to Members of Congress as described in 18 U.S.C. 14
1913. 15
S
EC. 602. (a) None of the funds made available in 16
title III of this Act may be transferred to any department, 17
agency, or instrumentality of the United States Govern-18
ment, except pursuant to a transfer made by or transfer 19
authority provided in this Act or any other appropriations 20
Act for any fiscal year, transfer authority referenced in 21
the report accompanying this Act, or any authority where-22
by a department, agency, or instrumentality of the United 23
States Government may provide goods or services to an-24
other department, agency, or instrumentality. 25
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(b) None of the funds made available for any depart-1
ment, agency, or instrumentality of the United States 2
Government may be transferred to accounts funded in title 3
III of this Act, except pursuant to a transfer made by or 4
transfer authority provided in this Act or any other appro-5
priations Act for any fiscal year, transfer authority ref-6
erenced in the report accompanying this Act, or any au-7
thority whereby a department, agency, or instrumentality 8
of the United States Government may provide goods or 9
services to another department, agency, or instrumen-10
tality. 11
(c) The head of any relevant department or agency 12
funded in this Act utilizing any transfer authority shall 13
submit to the Committees on Appropriations of both 14
Houses of Congress a semiannual report detailing the 15
transfer authorities, except for any authority whereby a 16
department, agency, or instrumentality of the United 17
States Government may provide goods or services to an-18
other department, agency, or instrumentality, used in the 19
previous 6 months and in the year-to-date. This report 20
shall include the amounts transferred and the purposes 21
for which they were transferred, and shall not replace or 22
modify existing notification requirements for each author-23
ity. 24
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SEC. 603. (a) None of the funds made available in 1
this Act may be used to maintain or establish a computer 2
network unless such network blocks the viewing, 3
downloading, and exchanging of pornography. 4
(b) Nothing in subsection (a) shall limit the use of 5
funds necessary for any Federal, State, Tribal, or local 6
law enforcement agency or any other entity carrying out 7
criminal investigations, prosecution, or adjudication activi-8
ties. 9
S
EC. 604. (a) No federal monies shall be expended 10
in furtherance of any agreement among private entities 11
for consolidated interim storage of spent nuclear fuel that 12
is not specifically authorized under federal law until such 13
time that host state and local governments and any af-14
fected Indian tribes have formalized their consent. 15
(b) Provided that the prohibition provided for in this 16
section shall not apply to facilities presently storing com-17
mercial spent nuclear fuel, pursuant to an NRC license, 18
as of the date of enactment of this Act. 19
(c) For purposes of this section, ‘‘spent nuclear fuel’’ 20
shall have the same meaning as provided in section 2 of 21
the Nuclear Waste Policy Act of 1982. 22
S
EC. 605. None of the funds made available by this 23
Act may be used to carry out any program, project, or 24
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activity that promotes or advances Critical Race Theory 1
or any concept associated with Critical Race Theory. 2
S
EC. 606. None of the funds appropriated or other-3
wise made available by this Act may be made available 4
to implement, administer, apply, enforce, or carry out the 5
Equity Action Plan of the Department of Energy, or Exec-6
utive Order 13985 of January 20, 2021 (86 Fed. Reg. 7
7009, relating to advancing racial equity and support for 8
underserved communities through the Federal Govern-9
ment), Executive Order 14035 of June 25, 2021 (86 Fed. 10
Reg. 34593, relating to diversity, equity, inclusion, and 11
accessibility in the Federal workforce), or Executive Order 12
14091 of February 16, 2023 (88 Fed. Reg. 10825, relat-13
ing to further advancing racial equity and support for un-14
derserved communities through the Federal Government). 15
S
EC. 607. (a) In general.—Notwithstanding section 16
7 of title 1, United States Code, section 1738C of title 17
28, United States Code, or any other provision of law, 18
none of the funds provided by this Act, or previous appro-19
priations Acts, shall be used in whole or in part to take 20
any discriminatory action against a person, wholly or par-21
tially, on the basis that such person speaks, or acts, in 22
accordance with a sincerely held religious belief, or moral 23
conviction, that marriage is, or should be recognized as, 24
a union of one man and one woman. 25
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(b) Discriminatory action defined.—As used in sub-1
section (a), a discriminatory action means any action 2
taken by the Federal Government to— 3
(1) alter in any way the Federal tax treatment 4
of, or cause any tax, penalty, or payment to be as-5
sessed against, or deny, delay, or revoke an exemp-6
tion from taxation under section 501(a) of the Inter-7
nal Revenue Code of 1986 of, any person referred to 8
in subsection (a); 9
(2) disallow a deduction for Federal tax pur-10
poses of any charitable contribution made to or by 11
such person; 12
(3) withhold, reduce the amount or funding for, 13
exclude, terminate, or otherwise make unavailable or 14
deny, any Federal grant, contract, subcontract, co-15
operative agreement, guarantee, loan, scholarship, li-16
cense, certification, accreditation, employment, or 17
other similar position or status from or to such per-18
son; 19
(4) withhold, reduce, exclude, terminate, or oth-20
erwise make unavailable or deny, any entitlement or 21
benefit under a Federal benefit program, including 22
admission to, equal treatment in, or eligibility for a 23
degree from an educational program, from or to 24
such person; or 25
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(5) withhold, reduce, exclude, terminate, or oth-1
erwise make unavailable or deny access or an entitle-2
ment to Federal property, facilities, educational in-3
stitutions, speech fora (including traditional, limited, 4
and nonpublic fora), or charitable fundraising cam-5
paigns from or to such person. 6
(c) Accreditation; Licensure; Certification.—The 7
Federal Government shall consider accredited, licensed, or 8
certified for purposes of Federal law any person that 9
would be accredited, licensed, or certified, respectively, for 10
such purposes but for a determination against such person 11
wholly or partially on the basis that the person speaks, 12
or acts, in accordance with a sincerely held religious belief 13
or moral conviction described in subsection (a). 14
S
EC. 608. None of the funds made available by this 15
Act may be used to finalize, implement, administer, apply, 16
or enforce the proposed rule entitled ‘‘Energy Conserva-17
tion Program: Energy Conservation Standards for Resi-18
dential Clothes Washers’’ published by the Department of 19
Energy in the Federal Register on March 3, 2023 (88 20
Fed. Reg. 13520), or any substantively similar rule. 21
S
EC. 609. None of the funds made available by this 22
Act may be used to implement, administer, apply, enforce, 23
or carry out any diversity, equity, and inclusion office, pro-24
gram, or training. 25
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SEC. 610. None of the funds made available by this 1
Act may be used to implement or enforce section 370 of 2
Public Law 116–283 with respect to civil works projects. 3
S
EC. 611. None of the funds made available by this 4
Act may be used by the Department of Energy to award 5
any grant, contract, subcontract, award, loan, program, 6
support, or other activity, to any entity who enters into, 7
or maintains, partnerships or licensing agreements with 8
any entity of concern, as defined in section 10114 of title 9
I of division B of Public Law 117–167. 10
STATE-OWNED ENTERPRISES PROHIBITION 11
S
EC. 612. (a) INNOVATE INAMERICA.—None of the 12
funds made available by this Act may be used by the Sec-13
retary of Energy to award a contract, subcontract, grant, 14
or loan to an entity that— 15
(1) is owned or controlled by, is a subsidiary of, 16
or is otherwise related legally or financially to a cor-17
poration based in a country that— 18
(A) is identified as a nonmarket economy 19
country (as defined in section 771(18) of the 20
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 21
the date of enactment of this Act; 22
(B) was identified by the United States 23
Trade Representative in the most recent report 24
required by section 182 of the Trade Act of 25
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1974 (19 U.S.C. 2242) as a priority foreign 1
country under subsection (a)(2) of that section; 2
and 3
(C) is subject to monitoring by the Trade 4
Representative under section 306 of the Trade 5
Act of 1974 (19 U.S.C. 2416); or 6
(2) is listed pursuant to section 9(b)(3) of the 7
Uyghur Human Rights Policy Act of 2020 (Public 8
Law 116–145). 9
(b) E
XCEPTION.—For purposes of subsection (a), the 10
Secretary of Energy may issue a waiver, to be made pub-11
licly available, to an entity in which the legal or financial 12
connection to a corporation is a minority relationship or 13
investment. 14
(c) I
NTERNATIONAL AGREEMENTS.—This section 15
shall be applied in a manner consistent with the obliga-16
tions of the United States under applicable international 17
agreements. 18
S
PENDINGREDUCTIONACCOUNT 19
S
EC. 613. $0. 20
S
EC. 614. None of the funds appropriated or other-21
wise made available by this Act may be made available 22
to finalize any rule or regulation that meets the definition 23
of section 804(2)(A) of title 5, United States Code. 24
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SEC. 615. None of the funds made available by this 1
Act may be used to implement, administer, or enforce the 2
final rule of the Department of Energy entitled ‘‘Energy 3
Conservation Program: Energy Conservation Standards 4
for Consumer Furnaces’’ signed on September 28, 2023 5
(Docket ID: EERE–2014–BT–STD–0031; RIN 1904– 6
AD20). 7
S
EC. 616. None of the funds made available by this 8
Act may be used to implement the Industrial 9
Decarbonization Roadmap published by the Department 10
of Energy and dated September 2022 (DOE/EE–2635). 11
S
EC. 617. None of the funds made available by this 12
Act may be used to finalize, implement, administer, or en-13
force the proposed rule entitled ‘‘Energy Conservation 14
Program: Energy Conservation Standards for Consumer 15
Water Heaters’’ published by the Department of Energy 16
in the Federal Register on July 28, 2023 (88 Fed. Reg. 17
49058). 18
S
EC. 618. None of the funds made available by this 19
Act may be used by the National Nuclear Security Admin-20
istration to halt the construction of a High Explosive Syn-21
thesis, Formulation, and Production facility at the Pantex 22
Plant near Amarillo, Texas. 23
S
EC. 619. None of the funds appropriated or other-24
wise made available by this Act may be used to admit any 25
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individual who is a citizen of any country on the current 1
list of sensitive countries to any facility of a national secu-2
rity laboratory, as such term is defined in section 4002 3
of the Atomic Energy Defense Act, other than areas acces-4
sible to the general public. 5
S
EC. 620. None of the funds made available by this 6
Act may be used to implement or enforce Corps of Engi-7
neers memorandum CERE-AP, issued by the South At-8
lantic division on July 9, 1996, relating to ‘‘Approval of 9
Perpetual Beach Storm Damage Reduction Easement as 10
a Standard Estate’’. 11
S
EC. 621. None of the funds made available by this 12
Act may be used to close the Toto Creek, Bolding Mill, 13
Duckett Mill, Old Federal, Van Pugh South Campground, 14
Sawnee, or Bald Ridge Creek campgrounds located at 15
Lake Sidney Lanier, Georgia. 16
S
EC. 622. None of the funds made available by this 17
Act may be used to carry out the final rule titled ‘‘Energy 18
Conservation Program: Energy Conservation Standards 19
for Manufactured Housing’’ (88 Fed. Reg. 32728 (May 20
31, 2022)). 21
S
EC. 623. None of the funds made available by this 22
Act may be used for the Interagency Working Group on 23
the Social Cost of Greenhouse Gases. 24
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SEC. 624. None of the funds made available by this 1
Act may be used to consider the social cost of greenhouse 2
gases in the development and implementation of a budget 3
for a Federal agency, in any Federal procurement proc-4
esses, or when preparing an environmental review pursu-5
ant to the National Environmental Policy Act of 1969 (42 6
U.S.C. 4321 et seq.). 7
S
EC. 625. None of the funds made available by this 8
Act may be used to enforce any COVID–19 mask man-9
dates. 10
S
EC. 626. None of the funds made available by this 11
Act may be used to finalize the rule entitled ‘‘Energy Con-12
servation Program: Energy Conservation Standards for 13
Automatic Commercial Ice Makers’’ published by the De-14
partment of Energy in the Federal Register on September 15
25, 2023 (88 Fed. Reg. 65628). 16
S
EC. 627. None of the funds made available by this 17
Act may be used to implement, administer, or enforce the 18
rule entitled ‘‘Energy Conservation Program: Energy Con-19
servation Standards for Room Air Conditioners’’ published 20
by the Department of Energy in the Federal Register on 21
May 26, 2023 (88 Fed. Reg. 34298). 22
S
EC. 628. None of the funds made available by this 23
Act may be used for the Department of Energy Office of 24
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Science’s Office of Scientific Workforce Diversity, Equity, 1
and Inclusion. 2
S
EC. 629. None of the funds made available by this 3
Act may be used for the American Climate Corps. 4
This Act may be cited as the ‘‘Energy and Water De-5
velopment and Related Agencies Appropriations Act, 6
2024’’. 7
Passed the House of Representatives October 26, 
2023. 
Attest: KEVIN F. MCCUMBER, 
Clerk. 
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233 
118
TH
CONGRESS 
1
ST
S
ESSION
 
H. R. 4394 
AN ACT 
Making appropriations for energy and water devel-
opment and related agencies for the fiscal year 
ending September 30, 2024, and for other pur-
poses. 
N
OVEMBER
1, 2023 
Received; read twice and placed on the calendar 
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