Us Congress House Bill HB8997 Latest Draft

                            IB 
Union Calendar No. 480 
118THCONGRESS 
2
DSESSION H. R. 8997 
[Report No. 118–580] 
Making appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2025, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY11, 2024 
Mr. F
LEISCHMANN, from the Committee on Appropriations reported the fol-
lowing bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for energy and water development 
and related agencies for the fiscal year ending September 
30, 2025, and for other purposes. 
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That the following sums are appropriated, out of any 3
money in the Treasury not otherwise appropriated, for the 4
fiscal year ending September 30, 2025, and for other pur-5
poses, namely: 6
TITLE I 7
CORPS OF ENGINEERS—CIVIL 8
DEPARTMENT OF THE ARMY 9
C
ORPS OFENGINEERS—CIVIL 10
The following appropriations shall be expended under 11
the direction of the Secretary of the Army and the super-12
vision of the Chief of Engineers for authorized civil func-13
tions of the Department of the Army pertaining to river 14
and harbor, flood and storm damage reduction, shore pro-15
tection, aquatic ecosystem restoration, and related efforts. 16
INVESTIGATIONS 17
For expenses necessary where authorized by law for 18
the collection and study of basic information pertaining 19
to river and harbor, flood and storm damage reduction, 20
shore protection, aquatic ecosystem restoration, and re-21
lated needs; for surveys and detailed studies, and plans 22
and specifications of proposed river and harbor, flood and 23
storm damage reduction, shore protection, and aquatic 24
ecosystem restoration projects, and related efforts prior to 25
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construction; for restudy of authorized projects; and for 1
miscellaneous investigations, and, when authorized by law, 2
surveys and detailed studies, and plans and specifications 3
of projects prior to construction, $159,000,000, to remain 4
available until expended: Provided, That the Secretary 5
shall not deviate from the work plan, once the plan has 6
been submitted to the Committees on Appropriations of 7
both Houses of Congress. 8
CONSTRUCTION 9
For expenses necessary for the construction of river 10
and harbor, flood and storm damage reduction, shore pro-11
tection, aquatic ecosystem restoration, and related 12
projects authorized by law; for conducting detailed studies, 13
and plans and specifications, of such projects (including 14
those involving participation by States, local governments, 15
or private groups) authorized or made eligible for selection 16
by law (but such detailed studies, and plans and specifica-17
tions, shall not constitute a commitment of the Govern-18
ment to construction); $3,010,000,000, to remain avail-19
able until expended; of which $34,900,000, to be derived 20
from the Harbor Maintenance Trust Fund, shall be to 21
cover the Federal share of construction costs for facilities 22
under the Dredged Material Disposal Facilities program; 23
and of which such sums as are necessary to cover 35 per-24
cent of the costs of construction, replacement, rehabilita-25
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tion, and expansion of inland waterways projects shall be 1
derived from the Inland Waterways Trust Fund, except 2
as otherwise specifically provided for in law: Provided, 3
That the Secretary shall not deviate from the work plan, 4
once the plan has been submitted to the Committees on 5
Appropriations of both Houses of Congress. 6
MISSISSIPPI RIVER AND TRIBUTARIES 7
For expenses necessary for flood damage reduction 8
projects and related efforts in the Mississippi River allu-9
vial valley below Cape Girardeau, Missouri, as authorized 10
by law, $370,000,000, to remain available until expended, 11
of which $5,465,000, to be derived from the Harbor Main-12
tenance Trust Fund, shall be to cover the Federal share 13
of eligible operation and maintenance costs for inland har-14
bors: Provided, That the Secretary shall not deviate from 15
the work plan, once the plan has been submitted to the 16
Committees on Appropriations of both Houses of Con-17
gress. 18
OPERATION AND MAINTENANCE 19
For expenses necessary for the operation, mainte-20
nance, and care of existing river and harbor, flood and 21
storm damage reduction, aquatic ecosystem restoration, 22
and related projects authorized by law; providing security 23
for infrastructure owned or operated by the Corps, includ-24
ing administrative buildings and laboratories; maintaining 25
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harbor channels provided by a State, municipality, or 1
other public agency that serve essential navigation needs 2
of general commerce, where authorized by law; surveying 3
and charting northern and northwestern lakes and con-4
necting waters; clearing and straightening channels; and 5
removing obstructions to navigation, $5,714,000,000, to 6
remain available until expended, of which $3,106,635,000, 7
to be derived from the Harbor Maintenance Trust Fund, 8
shall be to cover the Federal share of eligible operations 9
and maintenance costs for coastal harbors and channels, 10
and for inland harbors, of which $60,000,000 shall be to 11
carry out subsection (c) of section 2106 of the Water Re-12
sources Reform and Development Act of 2014 (33 U.S.C. 13
2238c(c)) and shall be designated as being for such pur-14
pose pursuant to paragraph (2) of section 14003 of divi-15
sion B of the Coronavirus Aid, Relief, and Economic Secu-16
rity Act (Public Law 116–136); of which such sums as 17
become available from the special account for the Corps 18
of Engineers established by the Land and Water Con-19
servation Fund Act of 1965 shall be derived from that 20
account for resource protection, research, interpretation, 21
and maintenance activities related to resource protection 22
in the areas at which outdoor recreation is available; of 23
which such sums as become available from fees collected 24
under section 217 of Public Law 104–303 shall be used 25
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to cover the cost of operation and maintenance of the 1
dredged material disposal facilities for which such fees 2
have been collected: Provided, That 1 percent of the total 3
amount of funds provided for each of the programs, 4
projects, or activities funded under this heading shall not 5
be allocated to a field operating activity prior to the begin-6
ning of the fourth quarter of the fiscal year and shall be 7
available for use by the Chief of Engineers to fund such 8
emergency activities as the Chief of Engineers determines 9
to be necessary and appropriate, and that the Chief of En-10
gineers shall allocate during the fourth quarter any re-11
maining funds which have not been used for emergency 12
activities proportionally in accordance with the amounts 13
provided for the programs, projects, or activities: Provided 14
further, That the Secretary shall not deviate from the work 15
plan, once the plan has been submitted to the Committees 16
on Appropriations of both Houses of Congress. 17
REGULATORY PROGRAM 18
For expenses necessary for administration of laws 19
pertaining to regulation of navigable waters and wetlands, 20
$218,000,000, to remain available until September 30, 21
2026. 22
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 23
For expenses necessary to clean up contamination 24
from sites in the United States resulting from work per-25
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formed as part of the Nation’s early atomic energy pro-1
gram, $200,000,000, to remain available until expended. 2
FLOOD CONTROL AND COASTAL EMERGENCIES 3
For expenses necessary to prepare for flood, hurri-4
cane, and other natural disasters and support emergency 5
operations, repairs, and other activities in response to 6
such disasters as authorized by law, $45,000,000, to re-7
main available until expended. 8
EXPENSES 9
For expenses necessary for the supervision and gen-10
eral administration of the civil works program in the head-11
quarters of the Corps of Engineers and the offices of the 12
Division Engineers; and for costs of management and op-13
eration of the Humphreys Engineer Center Support Activ-14
ity, the Institute for Water Resources, the United States 15
Army Engineer Research and Development Center, and 16
the United States Army Corps of Engineers Finance Cen-17
ter allocable to the civil works program, $231,000,000, to 18
remain available until September 30, 2026, of which not 19
to exceed $5,000 may be used for official reception and 20
representation purposes and only during the current fiscal 21
year: Provided, That no part of any other appropriation 22
provided in this title shall be available to fund the civil 23
works activities of the Office of the Chief of Engineers 24
or the civil works executive direction and management ac-25
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tivities of the division offices: Provided further, That any 1
Flood Control and Coastal Emergencies appropriation 2
may be used to fund the supervision and general adminis-3
tration of emergency operations, repairs, and other activi-4
ties in response to any flood, hurricane, or other natural 5
disaster. 6
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 7
FOR CIVIL WORKS 8
For the Office of the Assistant Secretary of the Army 9
for Civil Works as authorized by 10 U.S.C. 7016(b)(3), 10
$5,000,000, to remain available until September 30, 2026: 11
Provided, That not more than 25 percent of such amount 12
may be obligated or expended until the Assistant Sec-13
retary submits to the Committees on Appropriations of 14
both Houses of Congress the report required under section 15
101(d) of this Act and a work plan that allocates at least 16
95 percent of the additional funding provided under each 17
heading in the report accompanying this Act, to specific 18
programs, projects, or activities. 19
WATER INFRASTRUCTURE FINANCE AND INNOVATION 20
PROGRAM ACCOUNT 21
For administrative expenses to carry out the direct 22
and guaranteed loan programs, notwithstanding section 23
5033 of the Water Infrastructure Finance and Innovation 24
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Act of 2014, $5,000,000, to remain available until Sep-1
tember 30, 2026. 2
In addition, fees authorized to be collected pursuant 3
to sections 5029 and 5030 of the Water Infrastructure 4
Finance and Innovation Act of 2014 shall be deposited 5
in this account, to remain available until expended. 6
GENERAL PROVISIONS—CORPS OF 7
ENGINEERS—CIVIL 8
(INCLUDING TRANSFER OF FUNDS) 9
S
EC. 101. (a) None of the funds provided in title I 10
of this Act, or provided by previous appropriations Acts 11
to the agencies or entities funded in title I of this Act 12
that remain available for obligation or expenditure in fiscal 13
year 2025, shall be available for obligation or expenditure 14
through a reprogramming of funds that: 15
(1) creates or initiates a new program, project, 16
or activity; 17
(2) eliminates a program, project, or activity; 18
(3) increases funds or personnel for any pro-19
gram, project, or activity for which funds have been 20
denied or restricted by this Act, unless prior ap-21
proval is received from the Committees on Appro-22
priations of both Houses of Congress; 23
(4) proposes to use funds directed for a specific 24
activity for a different purpose, unless prior approval 25
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is received from the Committees on Appropriations 1
of both Houses of Congress; 2
(5) augments or reduces existing programs, 3
projects, or activities in excess of the amounts con-4
tained in paragraphs (6) through (10), unless prior 5
approval is received from the Committees on Appro-6
priations of both Houses of Congress; 7
(6) I
NVESTIGATIONS.—For a base level over 8
$100,000, reprogramming of 25 percent of the base 9
amount up to a limit of $150,000 per project, study, 10
or activity is allowed: Provided, That for a base level 11
less than $100,000, the reprogramming limit is 12
$25,000: Provided further, That up to $25,000 may 13
be reprogrammed into any continuing study or activ-14
ity that did not receive an appropriation for existing 15
obligations and concomitant administrative expenses; 16
(7) C
ONSTRUCTION.—For a base level over 17
$2,000,000, reprogramming of 15 percent of the 18
base amount up to a limit of $3,000,000 per project, 19
study or activity is allowed: Provided, That for a 20
base level less than $2,000,000, the reprogramming 21
limit is $300,000: Provided further, That up to 22
$3,000,000 may be reprogrammed for settled con-23
tractor claims, changed conditions, or real estate de-24
ficiency judgments: Provided further, That up to 25
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$300,000 may be reprogrammed into any continuing 1
study or activity that did not receive an appropria-2
tion for existing obligations and concomitant admin-3
istrative expenses; 4
(8) O
PERATION AND MAINTENANCE .—Unlim-5
ited reprogramming authority is granted for the 6
Corps to be able to respond to emergencies: Pro-7
vided, That the Chief of Engineers shall notify the 8
Committees on Appropriations of both Houses of 9
Congress of these emergency actions as soon there-10
after as practicable: Provided further, That for a 11
base level over $1,000,000, reprogramming of 15 12
percent of the base amount up to a limit of 13
$5,000,000 per project, study, or activity is allowed: 14
Provided further, That for a base level less than 15
$1,000,000, the reprogramming limit is $150,000: 16
Provided further, That $150,000 may be repro-17
grammed into any continuing study or activity that 18
did not receive an appropriation; 19
(9) M
ISSISSIPPI RIVER AND TRIBUTARIES .— 20
The reprogramming guidelines in paragraphs (6), 21
(7), and (8) shall apply to the Investigations, Con-22
struction, and Operation and Maintenance portions 23
of the Mississippi River and Tributaries Account, re-24
spectively; and 25
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(10) FORMERLY UTILIZED SITES REMEDIAL AC -1
TION PROGRAM.—Reprogramming of up to 15 per-2
cent of the base of the receiving project is permitted. 3
(b) D
EMINIMUSREPROGRAMMINGS.—In no case 4
should a reprogramming for less than $50,000 be sub-5
mitted to the Committees on Appropriations of both 6
Houses of Congress. 7
(c) C
ONTINUINGAUTHORITIESPROGRAM.—Sub-8
section (a)(1) shall not apply to any project or activity 9
funded under the continuing authorities program. 10
(d) Not later than 60 days after the date of enact-11
ment of this Act, the Secretary shall submit a report to 12
the Committees on Appropriations of both Houses of Con-13
gress to establish the baseline for application of re-14
programming and transfer authorities for the current fis-15
cal year which shall include: 16
(1) A table for each appropriation with a sepa-17
rate column to display the President’s budget re-18
quest, adjustments made by Congress, adjustments 19
due to enacted rescissions, if applicable, and the fis-20
cal year enacted level; 21
(2) A delineation in the table for each appro-22
priation both by object class and program, project 23
and activity as detailed in the budget appendix for 24
the respective appropriations; and 25
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(3) An identification of items of special congres-1
sional interest. 2
S
EC. 102. The Secretary shall allocate funds made 3
available in this Act solely in accordance with the provi-4
sions of this Act and in the report accompanying this Act. 5
S
EC. 103. None of the funds made available in this 6
title may be used to award or modify any contract that 7
commits funds beyond the amounts appropriated for that 8
program, project, or activity that remain unobligated, ex-9
cept that such amounts may include any funds that have 10
been made available through reprogramming pursuant to 11
section 101. 12
S
EC. 104. The Secretary of the Army may transfer 13
to the Fish and Wildlife Service, and the Fish and Wildlife 14
Service may accept and expend, up to $8,733,000 of funds 15
provided in this title under the heading ‘‘Operation and 16
Maintenance’’ to mitigate for fisheries lost due to Corps 17
of Engineers projects. 18
S
EC. 105. None of the funds in this Act shall be used 19
for an open lake placement alternative for dredged mate-20
rial, after evaluating the least costly, environmentally ac-21
ceptable manner for the disposal or management of 22
dredged material originating from Lake Erie or tributaries 23
thereto, unless it is approved under a State water quality 24
certification pursuant to section 401 of the Federal Water 25
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Pollution Control Act (33 U.S.C. 1341): Provided, That 1
until an open lake placement alternative for dredged mate-2
rial is approved under a State water quality certification, 3
the Corps of Engineers shall continue upland placement 4
of such dredged material consistent with the requirements 5
of section 101 of the Water Resources Development Act 6
of 1986 (33 U.S.C. 2211). 7
S
EC. 106. None of the funds made available by this 8
Act may be used to carry out any water supply reallocation 9
study under the Wolf Creek Dam, Lake Cumberland, Ken-10
tucky, project authorized under the Act of July 24, 1946 11
(60 Stat. 636, ch. 595). 12
S
EC. 107. Additional funding provided in this Act 13
shall be allocated only to projects determined to be eligible 14
by the Chief of Engineers. 15
S
EC. 108. Not later than 15 days after the date of 16
enactment of this Act, the Administrator of the Environ-17
mental Protection Agency and the Assistant Secretary of 18
the Army for Civil Works shall provide to the appropriate 19
congressional committees any guidance documents relat-20
ing to the implementation of the rule entitled ‘‘Revised 21
Definition of ‘Waters of the United States’; Conforming’’ 22
published by the Army Corps of Engineers and the Envi-23
ronmental Protection Agency in the Federal Register on 24
September 8, 2023 (88 Fed. Reg. 61964). 25
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SEC. 109. None of the funds made available by this 1
Act or any prior Act may be used to alter the eligibility 2
requirements for assistance under section 5 of the Act of 3
August 18, 1941 (33 U.S.C. 701n) in effect on November 4
14, 2022, without express authorization by Congress. 5
S
EC. 110. As of the date of enactment of this Act 6
and each fiscal year thereafter, the Secretary of the Army 7
shall not promulgate or enforce any regulation that pro-8
hibits an individual from possessing a firearm, including 9
an assembled or functional firearm, at a water resources 10
development project covered under section 327.0 of title 11
36, Code of Federal Regulations (as in effect on the date 12
of enactment of this Act) if: 13
(1) the individual is not otherwise prohibited by 14
law from possessing a firearm; and 15
(2) the possession of the firearm is in compli-16
ance with the law of the State in which the water 17
resources development project is located. 18
S
EC. 111. None of the funds made available by this 19
Act may be used to modify or amend the final rules enti-20
tled, ‘‘Reissuance and Modification of Nationwide Per-21
mits’’ (86 Fed. Reg. 2744) and ‘‘Reissuance and Modifica-22
tion of Nationwide Permits’’ (86 Fed. Reg. 73522). 23
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SEC. 112. 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
TITLE II 4
DEPARTMENT OF THE INTERIOR 5
C
ENTRALUTAHPROJECT 6
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 7
For carrying out activities authorized by the Central 8
Utah Project Completion Act, $23,000,000, to remain 9
available until expended, of which $4,000,000 shall be de-10
posited into the Utah Reclamation Mitigation and Con-11
servation Account for use by the Utah Reclamation Miti-12
gation and Conservation Commission: Provided, That of 13
the amount provided under this heading, $1,900,000 shall 14
be available until September 30, 2026, for expenses nec-15
essary in carrying out related responsibilities of the Sec-16
retary of the Interior: Provided further, That for fiscal 17
year 2025, of the amount made available to the Commis-18
sion under this Act or any other Act, the Commission may 19
use an amount not to exceed $2,164,000 for administra-20
tive expenses: Provided further, That of the amounts pro-21
vided under this heading, not to exceed $1,000 may be 22
for official reception and representation expenses. 23
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BUREAU OFRECLAMATION 1
The following appropriations shall be expended to 2
execute authorized functions of the Bureau of Reclama-3
tion: 4
WATER AND RELATED RESOURCES 5
(INCLUDING TRANSFERS OF FUNDS) 6
For management, development, and restoration of 7
water and related natural resources and for related activi-8
ties, including the operation, maintenance, and rehabilita-9
tion of reclamation and other facilities, participation in 10
fulfilling related Federal responsibilities to Native Ameri-11
cans, and related grants to, and cooperative and other 12
agreements with, State and local governments, federally 13
recognized Indian Tribes, and others, $1,773,000,000, to 14
remain available until expended, of which $23,620,000 15
shall be available for transfer to the Upper Colorado River 16
Basin Fund and $7,584,000 shall be available for transfer 17
to the Lower Colorado River Basin Development Fund; 18
of which such amounts as may be necessary may be ad-19
vanced to the Colorado River Dam Fund: Provided, That 20
$100,000 shall be available for transfer into the Aging In-21
frastructure Account established by section 9603(d)(1) of 22
the Omnibus Public Land Management Act of 2009, as 23
amended (43 U.S.C. 510b(d)(1)): Provided further, That 24
such transfers, except for the transfer authorized by the 25
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preceding proviso, may be increased or decreased within 1
the overall appropriation under this heading: Provided fur-2
ther, That of the total appropriated, the amount for pro-3
gram activities that can be financed by the Reclamation 4
Fund, the Water Storage Enhancement Receipts account 5
established by section 4011(e) of Public Law 114–322, or 6
the Bureau of Reclamation special fee account established 7
by 16 U.S.C. 6806 shall be derived from that Fund or 8
account: Provided further, That funds contributed under 9
43 U.S.C. 395 are available until expended for the pur-10
poses for which the funds were contributed: Provided fur-11
ther, That funds advanced under 43 U.S.C. 397a shall be 12
credited to this account and are available until expended 13
for the same purposes as the sums appropriated under this 14
heading: Provided further, That of the amounts made 15
available under this heading, $7,000,000 shall be depos-16
ited in the San Gabriel Basin Restoration Fund estab-17
lished by section 110 of title I of division B of appendix 18
D of Public Law 106–554: Provided further, That of the 19
amounts provided herein, funds may be used for high-pri-20
ority projects which shall be carried out by the Youth Con-21
servation Corps, as authorized by 16 U.S.C. 1706: Pro-22
vided further, That within available funds, $250,000 shall 23
be for grants and financial assistance for educational ac-24
tivities: Provided further, That in accordance with section 25
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4007 of Public Law 114–322 and as recommended by the 1
Secretary in a letter dated May 22, 2024, funding pro-2
vided for such purpose in fiscal year 2024 shall be made 3
available to the Sites Reservoir Project: Provided further, 4
That in accordance with section 4009(c) of Public Law 5
114–322, and as recommended by the Secretary in a letter 6
dated May 22, 2024, funding provided for such purpose 7
in fiscal year 2023 and fiscal year 2024 shall be made 8
available to the El Paso Aquifer Storage and Recovery En-9
hanced Arroyo Project, the Replenish Big Bear, and the 10
Purified Water Replenishment Project. 11
CENTRAL VALLEY PROJECT RESTORATION FUND 12
For carrying out the programs, projects, plans, habi-13
tat restoration, improvement, and acquisition provisions of 14
the Central Valley Project Improvement Act, such sums 15
as may be collected in fiscal year 2025 in the Central Val-16
ley Project Restoration Fund pursuant to sections 17
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 18
to remain available until expended: Provided, That the Bu-19
reau of Reclamation is directed to assess and collect the 20
full amount of the additional mitigation and restoration 21
payments authorized by section 3407(d) of Public Law 22
102–575: Provided further, That none of the funds made 23
available under this heading may be used for the acquisi-24
tion or leasing of water for in-stream purposes if the water 25
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is already committed to in-stream purposes by a court 1
adopted decree or order. 2
CALIFORNIA BAY-DELTA RESTORATION 3
(INCLUDING TRANSFERS OF FUNDS) 4
For carrying out activities authorized by the Water 5
Supply, Reliability, and Environmental Improvement Act, 6
consistent with plans to be approved by the Secretary of 7
the Interior, $33,000,000, to remain available until ex-8
pended, of which such amounts as may be necessary to 9
carry out such activities may be transferred to appropriate 10
accounts of other participating Federal agencies to carry 11
out authorized purposes: Provided, That funds appro-12
priated herein may be used for the Federal share of the 13
costs of CALFED Program management: Provided fur-14
ther, That CALFED implementation shall be carried out 15
in a balanced manner with clear performance measures 16
demonstrating concurrent progress in achieving the goals 17
and objectives of the Program. 18
POLICY AND ADMINISTRATION 19
For expenses necessary for policy, administration, 20
and related functions in the Office of the Commissioner, 21
the Denver office, and offices in the six regions of the Bu-22
reau of Reclamation, to remain available until September 23
30, 2026, $66,794,000, to be derived from the Reclama-24
tion Fund and be nonreimbursable as provided in 43 25
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U.S.C. 377, of which not to exceed $5,000 may be used 1
for official reception and representation expenses: Pro-2
vided, That no part of any other appropriation in this Act 3
shall be available for activities or functions budgeted as 4
policy and administration expenses. 5
ADMINISTRATIVE PROVISION 6
Appropriations for the Bureau of Reclamation shall 7
be available for purchase and replacement of not to exceed 8
30 motor vehicles, which are for replacement only. 9
GENERAL PROVISIONS—DEPARTMENT OF THE 10
INTERIOR 11
S
EC. 201. (a) None of the funds provided in title II 12
of this Act for Water and Related Resources, or provided 13
by previous or subsequent appropriations Acts to the agen-14
cies or entities funded in title II of this Act for Water 15
and Related Resources that remain available for obligation 16
or expenditure in fiscal year 2025, shall be available for 17
obligation or expenditure through a reprogramming of 18
funds that— 19
(1) initiates or creates a new program, project, 20
or activity; 21
(2) eliminates a program, project, or activity; 22
(3) increases funds for any program, project, or 23
activity for which funds have been denied or re-24
stricted by this Act, unless prior approval is received 25
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from the Committees on Appropriations of both 1
Houses of Congress; 2
(4) restarts or resumes any program, project or 3
activity for which funds are not provided in this Act, 4
unless prior approval is received from the Commit-5
tees on Appropriations of both Houses of Congress; 6
(5) transfers funds in excess of the following 7
limits, unless prior approval is received from the 8
Committees on Appropriations of both Houses of 9
Congress: 10
(A) 15 percent for any program, project or 11
activity for which $2,000,000 or more is avail-12
able at the beginning of the fiscal year; or 13
(B) $400,000 for any program, project or 14
activity for which less than $2,000,000 is avail-15
able at the beginning of the fiscal year; 16
(6) transfers more than $500,000 from either 17
the Facilities Operation, Maintenance, and Rehabili-18
tation category or the Resources Management and 19
Development category to any program, project, or 20
activity in the other category, unless prior approval 21
is received from the Committees on Appropriations 22
of both Houses of Congress; or 23
(7) transfers, where necessary to discharge legal 24
obligations of the Bureau of Reclamation, more than 25
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$5,000,000 to provide adequate funds for settled 1
contractor claims, increased contractor earnings due 2
to accelerated rates of operations, and real estate de-3
ficiency judgments, unless prior approval is received 4
from the Committees on Appropriations of both 5
Houses of Congress. 6
(b) Subsection (a)(5) shall not apply to any transfer 7
of funds within the Facilities Operation, Maintenance, and 8
Rehabilitation category. 9
(c) For purposes of this section, the term ‘‘transfer’’ 10
means any movement of funds into or out of a program, 11
project, or activity. 12
(d) Except as provided in subsections (a) and (b), the 13
amounts made available in this title under the heading 14
‘‘Bureau of Reclamation—Water and Related Resources’’ 15
shall be expended for the programs, projects, and activities 16
specified in the ‘‘House Recommended’’ columns in the 17
‘‘Water and Related Resources’’ table included under the 18
heading ‘‘Title II—Department of the Interior’’ in the re-19
port accompanying this Act. 20
(e) The Bureau of Reclamation shall submit reports 21
on a quarterly basis to the Committees on Appropriations 22
of both Houses of Congress detailing all the funds repro-23
grammed between programs, projects, activities, or cat-24
egories of funding. The first quarterly report shall be sub-25
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mitted not later than 60 days after the date of enactment 1
of this Act. 2
S
EC. 202. (a) None of the funds appropriated or oth-3
erwise made available by this Act may be used to deter-4
mine the final point of discharge for the interceptor drain 5
for the San Luis Unit until development by the Secretary 6
of the Interior and the State of California of a plan, which 7
shall conform to the water quality standards of the State 8
of California as approved by the Administrator of the En-9
vironmental Protection Agency, to minimize any detri-10
mental effect of the San Luis drainage waters. 11
(b) The costs of the Kesterson Reservoir Cleanup 12
Program and the costs of the San Joaquin Valley Drain-13
age Program shall be classified by the Secretary of the 14
Interior as reimbursable or nonreimbursable and collected 15
until fully repaid pursuant to the ‘‘Cleanup Program— 16
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-17
native Repayment Plan’’ described in the report entitled 18
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-19
gram and San Joaquin Valley Drainage Program, Feb-20
ruary 1995’’, prepared by the Department of the Interior, 21
Bureau of Reclamation. Any future obligations of funds 22
by the United States relating to, or providing for, drainage 23
service or drainage studies for the San Luis Unit shall 24
be fully reimbursable by San Luis Unit beneficiaries of 25
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such service or studies pursuant to Federal reclamation 1
law. 2
S
EC. 203. (a) Title I of Public Law 108–361 (the 3
Calfed Bay-Delta Authorization Act), shall be applied by 4
substituting ‘‘2025’’ for ‘‘2022’’ each place it appears. 5
(b) Section 103(f)(4)(A) of Public Law 108–361 (the 6
Calfed Bay-Delta Authorization Act) is amended by strik-7
ing ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’. 8
S
EC. 204. (a) Section 104(c) of the Reclamation 9
States Emergency Drought Relief Act of 1991, as amend-10
ed (43 U.S.C. 2214(c)), shall be applied by substituting 11
‘‘2025’’ for ‘‘2022’’. 12
(b) Section 301 of the Reclamation States Emergency 13
Drought Relief Act of 1991 (43 U.S.C. 2241)— 14
(1) shall be applied by substituting ‘‘2025’’ for 15
‘‘2022’’; and 16
(2) is amended by striking ‘‘$120,000,000’’ and 17
inserting ‘‘$130,000,000’’. 18
S
EC. 205. None of the funds made available by this 19
Act or any other Act may be used to continue the reiniti-20
ated consultation on the Long-Term Operation of the Cen-21
tral Valley Project and State Water Project under section 22
7 of the Endangered Species Act of 1973 (16 U.S.C. 23
1536), consistent with the letter from the Bureau of Rec-24
lamation dated September 30, 2021, requesting such re-25
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initiated consultation, until the Commissioner of the Bu-1
reau of Reclamation requests and receives in writing from 2
the Director of the United States Fish and Wildlife Serv-3
ice a comprehensive report explaining the purpose, meth-4
odology, and anticipated outcomes of such reinitiated con-5
sultation: Provided, That not later than 15 days after the 6
date on which the Director provides to the Commissioner 7
such report, the Commissioner shall submit to Congress 8
such report. 9
S
EC. 206. (a) The Central Valley Project and Cali-10
fornia State Water Project shall be operated in accordance 11
with the Preferred Alternative and FWS Biological Opin-12
ion and NOAA Biological Opinion. 13
(b) For the purposes of this section— 14
(1) the term ‘‘Preferred Alternative’’ means the 15
Alternative 1 (Preferred Alternative), as described in 16
the Final Environmental Impact Statement on the 17
Reinitiation of Consultation on the Coordinated 18
Long-Term Operation of the Central Valley Project 19
and the State Water Project’’ issued by the Bureau 20
of Reclamation, and dated December 2019; 21
(2) the term ‘‘FWS Biological Opinion’’ means 22
the United States Fish and Wildlife Service ‘‘Bio-23
logical Opinion for the Reinitiation of Consultation 24
on the Coordinated Operations of the Central Valley 25
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Project and State Water Project’’ (Service File No. 1
08FBTD00–2019–F–0164) signed on October 21, 2
2019; and 3
(3) the term ‘‘NOAA Biological Opinion’’ 4
means the National Oceanic and Atmospheric Ad-5
ministration Fisheries ‘‘Biological Opinion on the 6
Long-Term Operation of the Central Valley Project 7
and the State Water Project’’ (Consultation Track-8
ing Number: WRCO–2016–00069) signed on Octo-9
ber 21, 2019. 10
S
EC. 207. Section 40902(a)(2) of the Infrastructure 11
Investment and Jobs Act (43 U.S.C. 3202(a)(2)) is 12
amended— 13
(1) in subparagraph (B)— 14
(A) in the matter preceding clause (i), by 15
striking ‘‘this Act, except for any project for 16
which—’’ and inserting ‘‘this Act; or’’; and 17
(B) by striking clauses (i) and (ii); and 18
(2) in subparagraph (C), by striking ‘‘(except 19
that projects described in clauses (i) and (ii) of sub-20
paragraph (B) shall not be eligible)’’. 21
S
EC. 208. The Water Infrastructure Improvements 22
for the Nation Act (Public Law 114–322) is amended in 23
section 4004(a)— 24
25
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(1) in the matter preceding paragraph (1), 1
strike ‘‘public water agency that contracts’’ and 2
insert ‘‘contractor’’; 3
(2) in paragraph (1), by inserting ‘‘or pro-4
posed action’’ after ‘‘biological assessment’’; 5
(3) in paragraph (2), by inserting ‘‘or pro-6
posed action’’ after ‘‘biological assessment’’; 7
(4) by redesignating paragraphs (3) 8
through (6) as paragraphs (4) through (7), re-9
spectively; 10
(5) after paragraph (2), by inserting the 11
following new paragraph: 12
‘‘(3) receive a copy of the draft proposed 13
action and have the opportunity to review that 14
document and provide comment to the action 15
agency, which comments shall be afforded due 16
consideration during development;’’; and 17
(6) in paragraph (7), as redesignated by 18
paragraph (4) of this section— 19
(A) in the matter preceding subpara-20
graph (A), by inserting ‘‘action agency pro-21
poses a proposed action or’’ before ‘‘the 22
consulting agency’’; 23
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(B) in subparagraph (A), by inserting 1
‘‘proposed action or’’ before ‘‘alternative 2
will’’; and 3
(C) in subparagraph (B), by striking 4
‘‘alternative actions’’ and inserting ‘‘ac-5
tions or alternatives’’. 6
S
EC. 209. (a) Title III of subtitle J of the Water In-7
frastructure Improvements for the Nation Act (Public 8
Law 114–322) is amended— 9
(1) in section 4007(i), by striking ‘‘2021’’ and insert-10
ing ‘‘2026’’; and 11
(2) in section 4013— 12
(A) in paragraph (1), by deleting ‘‘section 13
4004, which shall expire 10 years after the date of 14
its enactment’’ and inserting ‘‘section 4004, which 15
shall expire on December 16, 2034’’; and 16
(B) in paragraph (2), by inserting ‘‘on or before 17
December 16, 2026’’ after ‘‘4009(c)’’. 18
(b) Section 1602(g)(1) of the Reclamation Waste-19
water and Groundwater Study and Facilities Act (43 20
U.S.C. 390h) is amended by striking ‘‘$50,000,000’’ and 21
inserting ‘‘$167,500,000’’. 22
(c) Section 4(a)(2)(F)(i) of the Water Desalination 23
Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) 24
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is amended by striking ‘‘$30,000,000’’ and inserting 1
‘‘$100,500,000’’. 2
TITLE III 3
DEPARTMENT OF ENERGY 4
ENERGY PROGRAMS 5
E
NERGYEFFICIENCY ANDRENEWABLEENERGY 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 energy 9
efficiency and renewable energy activities in carrying out 10
the purposes of the Department of Energy Organization 11
Act (42 U.S.C. 7101 et seq.), including the acquisition or 12
condemnation of any real property or any facility or for 13
plant or facility acquisition, construction, or expansion, 14
$1,960,000,000, to remain available until expended: Pro-15
vided, That of such amount, $223,000,000 shall be avail-16
able until September 30, 2026, for program direction. 17
C
YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 18
R
ESPONSE 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 energy 22
sector cybersecurity, energy security, and emergency re-23
sponse activities in carrying out the purposes of the De-24
partment of Energy Organization Act (42 U.S.C. 7101 et 25
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seq.), including the acquisition or condemnation of any 1
real property or any facility or for plant or facility acquisi-2
tion, construction, or expansion, $200,000,000, to remain 3
available until expended: Provided, That of such amount, 4
$28,000,000 shall be available until September 30, 2026, 5
for program direction. 6
E
LECTRICITY 7
For Department of Energy expenses including the 8
purchase, construction, and acquisition of plant and cap-9
ital equipment, and other expenses necessary for elec-10
tricity activities in carrying out the purposes of the De-11
partment of Energy Organization Act (42 U.S.C. 7101 et 12
seq.), including the acquisition or condemnation of any 13
real property or any facility or for plant or facility acquisi-14
tion, construction, or expansion, $250,000,000, to remain 15
available until expended: Provided, That of such amount, 16
$19,700,000 shall be available until September 30, 2026, 17
for program direction: Provided further, That funds under 18
this heading allocated for the purposes of section 9 of the 19
Small Business Act, as amended (15 U.S.C. 638), includ-20
ing for Small Business Innovation Research and Small 21
Business Technology Transfer activities, or for the pur-22
poses of section 1001 of the Energy Policy Act of 2005, 23
as amended (42 U.S.C. 16391(a)), for Technology Com-24
mercialization Fund activities, may be reprogrammed 25
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without being subject to the restrictions in section 301 of 1
this Act. 2
G
RIDDEPLOYMENT 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 grid de-6
ployment in carrying out the purposes of the Department 7
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-8
cluding the acquisition or condemnation of any real prop-9
erty or any facility or for plant or facility acquisition, con-10
struction, or expansion, $60,000,000, to remain available 11
until expended: Provided, That of such amount, 12
$6,000,000 shall be available until September 30, 2026, 13
for program direction. 14
N
UCLEARENERGY 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 nuclear 18
energy activities in carrying out the purposes of the De-19
partment of Energy Organization Act (42 U.S.C. 7101 et 20
seq.), including the acquisition or condemnation of any 21
real property or any facility or for plant or facility acquisi-22
tion, construction, or expansion, $1,793,000,000, to re-23
main available until expended: Provided, That of such 24
amount, $97,000,000 shall be available until September 25
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30, 2026, for program direction: Provided further, That 1
for the purpose of section 954(a)(6) of the Energy Policy 2
Act of 2005, as amended, the only amount available shall 3
be from the amount specified as including that purpose 4
in the ‘‘Bill’’ column in the ‘‘Department of Energy’’ table 5
included under the heading ‘‘Title III—Department of 6
Energy’’ in the report accompanying this Act. 7
F
OSSILENERGY ANDCARBONMANAGEMENT 8
For Department of Energy expenses necessary in car-9
rying out fossil energy and carbon management research 10
and development activities, under the authority of the De-11
partment of Energy Organization Act (42 U.S.C. 7101 et 12
seq.), including the acquisition of interest, including defea-13
sible and equitable interests in any real property or any 14
facility or for plant or facility acquisition or expansion, 15
and for conducting inquiries, technological investigations, 16
and research concerning the extraction, processing, use, 17
and disposal of mineral substances without objectionable 18
social and environmental costs (30 U.S.C. 3, 1602, and 19
1603), $875,000,000, to remain available until expended: 20
Provided, That of such amount $70,000,000 shall be avail-21
able until September 30, 2026, for program direction. 22
N
AVALPETROLEUM AND OILSHALERESERVES 23
For Department of Energy expenses necessary to 24
carry out naval petroleum and oil shale reserve activities, 25
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$13,010,000, to remain available until expended: Pro-1
vided, That notwithstanding any other provision of law, 2
unobligated funds remaining from prior years shall be 3
available for all naval petroleum and oil shale reserve ac-4
tivities. 5
S
TRATEGICPETROLEUMRESERVE 6
For Department of Energy expenses necessary for 7
Strategic Petroleum Reserve facility development and op-8
erations and program management activities pursuant to 9
the Energy Policy and Conservation Act (42 U.S.C. 6201 10
et seq.), $295,148,000, to remain available until expended. 11
N
ORTHEASTHOMEHEATINGOILRESERVE 12
For Department of Energy expenses necessary for 13
Northeast Home Heating Oil Reserve storage, operation, 14
and management activities pursuant to the Energy Policy 15
and Conservation Act (42 U.S.C. 6201 et seq.), 16
$7,150,000, to remain available until expended. 17
E
NERGYINFORMATIONADMINISTRATION 18
For Department of Energy expenses necessary in car-19
rying out the activities of the Energy Information Admin-20
istration, $141,653,000, to remain available until ex-21
pended. 22
N
ON-DEFENSEENVIRONMENTAL CLEANUP 23
For Department of Energy expenses, including the 24
purchase, construction, and acquisition of plant and cap-25
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ital equipment and other expenses necessary for non-de-1
fense environmental cleanup activities in carrying out the 2
purposes of the Department of Energy Organization Act 3
(42 U.S.C. 7101 et seq.), including the acquisition or con-4
demnation of any real property or any facility or for plant 5
or facility acquisition, construction, or expansion, 6
$324,000,000, to remain available until expended: Pro-7
vided, That in addition, fees collected pursuant to sub-8
section (b)(1) of section 5 of the Mercury Export Ban Act 9
of 2008 (42 U.S.C. 6939f(b)(1)) and deposited under this 10
heading in fiscal year 2025 pursuant to section 309 of 11
title III of division C of Public Law 116–94 are appro-12
priated, to remain available until expended, for mercury 13
storage costs. 14
U
RANIUMENRICHMENTDECONTAMINATION AND 15
D
ECOMMISSIONINGFUND 16
For Department of Energy expenses necessary in car-17
rying out uranium enrichment facility decontamination 18
and decommissioning, remedial actions, and other activi-19
ties of title II of the Atomic Energy Act of 1954, and 20
title X, subtitle A, of the Energy Policy Act of 1992, 21
$864,182,000, to be deposited into and subsequently de-22
rived from the Uranium Enrichment Decontamination and 23
Decommissioning Fund, to remain available until ex-24
pended, of which $5,000,000 shall be available in accord-25
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ance with title X, subtitle A, of the Energy Policy Act 1
of 1992. 2
S
CIENCE 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 science 6
activities in carrying out the purposes of the Department 7
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-8
cluding the acquisition or condemnation of any real prop-9
erty or any facility or for plant or facility acquisition, con-10
struction, or expansion, and purchase of not more than 11
35 passenger motor vehicles, $8,390,000,000, to remain 12
available until expended: Provided, That of such amount, 13
$238,000,000 shall be available until September 30, 2026, 14
for program direction. 15
N
UCLEARWASTEDISPOSAL 16
For Department of Energy expenses necessary for 17
nuclear waste disposal activities to carry out the purposes 18
of the Nuclear Waste Policy Act of 1982, Public Law 97– 19
425, as amended, $12,040,000, to remain available until 20
expended, which shall be derived from the Nuclear Waste 21
Fund. 22
T
ECHNOLOGYTRANSITIONS 23
For Department of Energy expenses necessary for 24
carrying out the activities of technology transitions, 25
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$20,000,000, to remain available until expended: Pro-1
vided, That of such amount, $12,000,000 shall be avail-2
able until September 30, 2026, for program direction. 3
C
LEANENERGYDEMONSTRATIONS 4
For Department of Energy expenses necessary to 5
carry out program direction of the Office of Clean Energy 6
Demonstrations, $27,500,000, to remain available until 7
September 30, 2026. 8
A
DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 9
For Department of Energy expenses necessary in car-10
rying out the activities authorized by section 5012 of the 11
America COMPETES Act (Public Law 110–69), 12
$450,000,000, to remain available until expended: Pro-13
vided, That of such amount, $40,000,000 shall be avail-14
able until September 30, 2026, for program direction. 15
T
ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 16
P
ROGRAM 17
Such sums as are derived from amounts received 18
from borrowers pursuant to section 1702(b) of the Energy 19
Policy Act of 2005 under this heading in prior Acts, shall 20
be collected in accordance with section 502(7) of the Con-21
gressional Budget Act of 1974: Provided, That for nec-22
essary administrative expenses of the Title 17 Innovative 23
Technology Loan Guarantee Program, as authorized, 24
$55,000,000 is appropriated, to remain available until 25
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September 30, 2026: Provided further, That up to 1
$55,000,000 of fees collected in fiscal year 2025 pursuant 2
to section 1702(h) of the Energy Policy Act of 2005 shall 3
be credited as offsetting collections under this heading and 4
used for necessary administrative expenses in this appro-5
priation and shall remain available until September 30, 6
2026: Provided further, That to the extent that fees col-7
lected in fiscal year 2025 exceed $55,000,000, those ex-8
cess amounts shall be credited as offsetting collections 9
under this heading and available in future fiscal years only 10
to the extent provided in advance in appropriations Acts: 11
Provided further, That the sum herein appropriated from 12
the general fund shall be reduced (1) as such fees are re-13
ceived during fiscal year 2025 (estimated at 14
$170,000,000) and (2) to the extent that any remaining 15
general fund appropriations can be derived from fees col-16
lected in previous fiscal years that are not otherwise ap-17
propriated, so as to result in a final fiscal year 2025 ap-18
propriation from the general fund estimated at $0: Pro-19
vided further, That the Department of Energy shall not 20
subordinate any loan obligation to other financing in viola-21
tion of section 1702 of the Energy Policy Act of 2005 or 22
subordinate any Guaranteed Obligation to any loan or 23
other debt obligations in violation of section 609.8 of title 24
10, Code of Federal Regulations. 25
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ADVANCEDTECHNOLOGYVEHICLESMANUFACTURING 1
L
OANPROGRAM 2
For Department of Energy administrative expenses 3
necessary in carrying out the Advanced Technology Vehi-4
cles Manufacturing Loan Program, $18,000,000, to re-5
main available until September 30, 2026. 6
T
RIBALENERGYLOANGUARANTEEPROGRAM 7
For Department of Energy administrative expenses 8
necessary in carrying out the Tribal Energy Loan Guar-9
antee Program, $6,300,000, to remain available until Sep-10
tember 30, 2026. 11
I
NDIANENERGYPOLICY ANDPROGRAMS 12
For necessary expenses for Indian Energy activities 13
in carrying out the purposes of the Department of Energy 14
Organization Act (42 U.S.C. 7101 et seq.), $95,000,000, 15
to remain available until expended: Provided, That of the 16
amount appropriated under this heading, $14,000,000 17
shall be available until September 30, 2026, for program 18
direction. 19
D
EPARTMENTAL ADMINISTRATION 20
For salaries and expenses of the Department of En-21
ergy necessary for departmental administration in car-22
rying out the purposes of the Department of Energy Orga-23
nization Act (42 U.S.C. 7101 et seq.), $387,078,000, to 24
remain available until September 30, 2026, including the 25
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hire of passenger motor vehicles and official reception and 1
representation expenses not to exceed $30,000, plus such 2
additional amounts as necessary to cover increases in the 3
estimated amount of cost of work for others notwith-4
standing the provisions of the Anti-Deficiency Act (31 5
U.S.C. 1511 et seq.): Provided, That such increases in cost 6
of work are offset by revenue increases of the same or 7
greater amount: Provided further, That moneys received 8
by the Department for miscellaneous revenues estimated 9
to total $100,578,000 in fiscal year 2025 may be retained 10
and used for operating expenses within this account, as 11
authorized by section 201 of Public Law 95–238, notwith-12
standing the provisions of 31 U.S.C. 3302: Provided fur-13
ther, That the sum herein appropriated shall be reduced 14
as collections are received during the fiscal year so as to 15
result in a final fiscal year 2025 appropriation from the 16
general fund estimated at not more than $286,500,000. 17
O
FFICE OF THEINSPECTORGENERAL 18
For expenses necessary for the Office of the Inspector 19
General in carrying out the provisions of the Inspector 20
General Act of 1978, $100,000,000, to remain available 21
until September 30, 2026. 22
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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
$20,338,752,000, to remain available until expended: Pro-13
vided, That of such amount, $135,264,000 shall be avail-14
able until September 30, 2026, for program direction. 15
D
EFENSENUCLEARNONPROLIFERATION 16
For Department of Energy expenses, including the 17
purchase, construction, and acquisition of plant and cap-18
ital equipment and other incidental expenses necessary for 19
defense nuclear nonproliferation activities, in carrying out 20
the purposes of the Department of Energy Organization 21
Act (42 U.S.C. 7101 et seq.), including the acquisition or 22
condemnation of any real property or any facility or for 23
plant or facility acquisition, construction, or expansion, 24
$2,445,000,000, to remain available until expended. 25
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NAVALREACTORS 1
(INCLUDING TRANSFER OF FUNDS) 2
For Department of Energy expenses necessary for 3
naval reactors activities to carry out the Department of 4
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-5
ing the acquisition (by purchase, condemnation, construc-6
tion, or otherwise) of real property, plant, and capital 7
equipment, facilities, and facility expansion, 8
$2,118,773,000, to remain available until expended, of 9
which, $94,750,000 shall be transferred to ‘‘Department 10
of Energy—Energy Programs—Nuclear Energy’’, for the 11
Advanced Test Reactor: Provided, That of such amount 12
made available under this heading, $62,848,000 shall be 13
available until September 30, 2026, for program direction. 14
F
EDERALSALARIES ANDEXPENSES 15
For expenses necessary for Federal Salaries and Ex-16
penses in the National Nuclear Security Administration, 17
$564,475,000, to remain available until September 30, 18
2026, including official reception and representation ex-19
penses not to exceed $17,000. 20
ENVIRONMENTAL AND OTHER DEFENSE 21
ACTIVITIES 22
D
EFENSEENVIRONMENTAL CLEANUP 23
For Department of Energy expenses, including the 24
purchase, construction, and acquisition of plant and cap-25
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ital equipment and other expenses necessary for atomic 1
energy defense environmental cleanup activities in car-2
rying out the purposes of the Department of Energy Orga-3
nization Act (42 U.S.C. 7101 et seq.), including the acqui-4
sition or condemnation of any real property or any facility 5
or for plant or facility acquisition, construction, or expan-6
sion, $7,132,000,000, to remain available until expended: 7
Provided, That of such amount, $326,893,000 shall be 8
available until September 30, 2026, for program direction. 9
O
THERDEFENSEACTIVITIES 10
For Department of Energy expenses, including the 11
purchase, construction, and acquisition of plant and cap-12
ital equipment and other expenses, necessary for atomic 13
energy defense, other defense activities, and classified ac-14
tivities, in carrying out the purposes of the Department 15
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-16
cluding the acquisition or condemnation of any real prop-17
erty or any facility or for plant or facility acquisition, con-18
struction, or expansion, $1,179,000,000, to remain avail-19
able until expended: Provided, That of such amount, 20
$387,781,000 shall be available until September 30, 2026, 21
for program direction. 22
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POWER MARKETING ADMINISTRATIONS 1
B
ONNEVILLEPOWERADMINISTRATIONFUND 2
Expenditures from the Bonneville Power Administra-3
tion Fund, established pursuant to Public Law 93–454, 4
are approved for official reception and representation ex-5
penses in an amount not to exceed $5,000: Provided, That 6
during fiscal year 2025, no new direct loan obligations 7
may be made. 8
O
PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 9
A
DMINISTRATION 10
For expenses necessary for operation and mainte-11
nance of power transmission facilities and for marketing 12
electric power and energy, including transmission wheeling 13
and ancillary services, pursuant to section 5 of the Flood 14
Control Act of 1944 (16 U.S.C. 825s), as applied to the 15
southeastern power area, $9,127,000, including official re-16
ception and representation expenses in an amount not to 17
exceed $1,500, to remain available until expended: Pro-18
vided, That notwithstanding 31 U.S.C. 3302 and section 19
5 of the Flood Control Act of 1944, up to $9,127,000 col-20
lected by the Southeastern Power Administration from the 21
sale of power and related services shall be credited to this 22
account as discretionary offsetting collections, to remain 23
available until expended for the sole purpose of funding 24
the annual expenses of the Southeastern Power Adminis-25
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tration: Provided further, That the sum herein appro-1
priated for annual expenses shall be reduced as collections 2
are received during the fiscal year so as to result in a final 3
fiscal year 2025 appropriation estimated at not more than 4
$0: Provided further, That notwithstanding 31 U.S.C. 5
3302, up to $75,778,000 collected by the Southeastern 6
Power Administration pursuant to the Flood Control Act 7
of 1944 to recover purchase power and wheeling expenses 8
shall be credited to this account as offsetting collections, 9
to remain available until expended for the sole purpose 10
of making purchase power and wheeling expenditures: 11
Provided further, That for purposes of this appropriation, 12
annual expenses means expenditures that are generally re-13
covered in the same year that they are incurred (excluding 14
purchase power and wheeling expenses). 15
O
PERATION ANDMAINTENANCE, SOUTHWESTERN 16
P
OWERADMINISTRATION 17
For expenses necessary for operation and mainte-18
nance of power transmission facilities and for marketing 19
electric power and energy, for construction and acquisition 20
of transmission lines, substations and appurtenant facili-21
ties, and for administrative expenses, including official re-22
ception and representation expenses in an amount not to 23
exceed $1,500 in carrying out section 5 of the Flood Con-24
trol Act of 1944 (16 U.S.C. 825s), as applied to the 25
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Southwestern Power Administration, $55,070,000, to re-1
main available until expended: Provided, That notwith-2
standing 31 U.S.C. 3302 and section 5 of the Flood Con-3
trol Act of 1944 (16 U.S.C. 825s), up to $43,630,000 col-4
lected by the Southwestern Power Administration from 5
the sale of power and related services shall be credited to 6
this account as discretionary offsetting collections, to re-7
main available until expended, for the sole purpose of 8
funding the annual expenses of the Southwestern Power 9
Administration: Provided further, That the sum herein ap-10
propriated for annual expenses shall be reduced as collec-11
tions are received during the fiscal year so as to result 12
in a final fiscal year 2025 appropriation estimated at not 13
more than $11,440,000: Provided further, That notwith-14
standing 31 U.S.C. 3302, up to $80,000,000 collected by 15
the Southwestern Power Administration pursuant to the 16
Flood Control Act of 1944 to recover purchase power and 17
wheeling expenses shall be credited to this account as off-18
setting collections, to remain available until expended for 19
the sole purpose of making purchase power and wheeling 20
expenditures: Provided further, That for purposes of this 21
appropriation, annual expenses means expenditures that 22
are generally recovered in the same year that they are in-23
curred (excluding purchase power and wheeling expenses). 24
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CONSTRUCTION, REHABILITATION, OPERATION AND 1
M
AINTENANCE, WESTERNAREAPOWERADMINIS-2
TRATION 3
(INCLUDING RESCISSION OF FUNDS) 4
For carrying out the functions authorized by title III, 5
section 302(a)(1)(E) of the Act of August 4, 1977 (42 6
U.S.C. 7152), and other related activities including con-7
servation and renewable resources programs as author-8
ized, $340,983,000, including official reception and rep-9
resentation expenses in an amount not to exceed $1,500, 10
to remain available until expended, of which $340,983,000 11
shall be derived from the Department of the Interior Rec-12
lamation Fund: Provided, That notwithstanding 31 U.S.C. 13
3302, section 5 of the Flood Control Act of 1944 (16 14
U.S.C. 825s), and section 1 of the Interior Department 15
Appropriation Act, 1939 (43 U.S.C. 392a), up to 16
$241,111,000 collected by the Western Area Power Ad-17
ministration from the sale of power and related services 18
shall be credited to this account as discretionary offsetting 19
collections, to remain available until expended, for the sole 20
purpose of funding the annual expenses of the Western 21
Area Power Administration: Provided further, That the 22
sum herein appropriated for annual expenses shall be re-23
duced as collections are received during the fiscal year so 24
as to result in a final fiscal year 2025 appropriation esti-25
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mated at not more than $99,872,000, of which 1
$99,872,000 is derived from the Reclamation Fund: Pro-2
vided further, That notwithstanding 31 U.S.C. 3302, up 3
to $525,000,000 collected by the Western Area Power Ad-4
ministration pursuant to the Flood Control Act of 1944 5
and the Reclamation Project Act of 1939 to recover pur-6
chase power and wheeling expenses shall be credited to 7
this account as offsetting collections, to remain available 8
until expended for the sole purpose of making purchase 9
power and wheeling expenditures: Provided further, That 10
for purposes of this appropriation, annual expenses means 11
expenditures that are generally recovered in the same year 12
that they are incurred (excluding purchase power and 13
wheeling expenses): Provided further, That the remaining 14
unobligated balances from amounts described in the fifth 15
proviso under this heading in Public Law 111–85 are 16
hereby permanently rescinded. 17
F
ALCON ANDAMISTADOPERATING ANDMAINTENANCE 18
F
UND 19
For operation, maintenance, and emergency costs for 20
the hydroelectric facilities at the Falcon and Amistad 21
Dams, $6,525,000, to remain available until expended, 22
and to be derived from the Falcon and Amistad Operating 23
and Maintenance Fund of the Western Area Power Ad-24
ministration, as provided in section 2 of the Act of June 25
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18, 1954 (68 Stat. 255): Provided, That notwithstanding 1
the provisions of that Act and of 31 U.S.C. 3302, up to 2
$6,297,000 collected by the Western Area Power Adminis-3
tration from the sale of power and related services from 4
the Falcon and Amistad Dams shall be credited to this 5
account as discretionary offsetting collections, to remain 6
available until expended for the sole purpose of funding 7
the annual expenses of the hydroelectric facilities of these 8
Dams and associated Western Area Power Administration 9
activities: Provided further, That the sum herein appro-10
priated for annual expenses shall be reduced as collections 11
are received during the fiscal year so as to result in a final 12
fiscal year 2025 appropriation estimated at not more than 13
$228,000: Provided further, That for purposes of this ap-14
propriation, annual expenses means expenditures that are 15
generally recovered in the same year that they are in-16
curred: Provided further, That for fiscal year 2025, the 17
Administrator of the Western Area Power Administration 18
may accept up to $1,685,000 in funds contributed by 19
United States power customers of the Falcon and Amistad 20
Dams for deposit into the Falcon and Amistad Operating 21
and Maintenance Fund, and such funds shall be available 22
for the purpose for which contributed in like manner as 23
if said sums had been specifically appropriated for such 24
purpose: Provided further, That any such funds shall be 25
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available without further appropriation and without fiscal 1
year limitation for use by the Commissioner of the United 2
States Section of the International Boundary and Water 3
Commission for the sole purpose of operating, maintain-4
ing, repairing, rehabilitating, replacing, or upgrading the 5
hydroelectric facilities at these Dams in accordance with 6
agreements reached between the Administrator, Commis-7
sioner, and the power customers. 8
F
EDERALENERGYREGULATORYCOMMISSION 9
SALARIES AND EXPENSES 10
For expenses necessary for the Federal Energy Regu-11
latory Commission to carry out the provisions of the De-12
partment of Energy Organization Act (42 U.S.C. 7101 et 13
seq.), including services as authorized by 5 U.S.C. 3109, 14
official reception and representation expenses not to ex-15
ceed $3,000, and the hire of passenger motor vehicles, 16
$532,000,000, to remain available until expended: Pro-17
vided, That notwithstanding any other provision of law, 18
not to exceed $532,000,000 of revenues from fees and an-19
nual charges, and other services and collections in fiscal 20
year 2025 shall be retained and used for expenses nec-21
essary in this account, and shall remain available until ex-22
pended: Provided further, That the sum herein appro-23
priated from the general fund shall be reduced as revenues 24
are received during fiscal year 2025 so as to result in a 25
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final fiscal year 2025 appropriation from the general fund 1
estimated at not more than $0. 2
GENERAL PROVISIONS—DEPARTMENT OF 3
ENERGY 4
(INCLUDING TRANSFERS OF FUNDS) 5
S
EC. 301. (a) No appropriation, funds, or authority 6
made available by this title for the Department of Energy 7
shall be used to initiate or resume any program, project, 8
or activity or to prepare or initiate Requests For Proposals 9
or similar arrangements (including Requests for 10
Quotations, Requests for Information, and Funding Op-11
portunity Announcements) for a program, project, or ac-12
tivity if the program, project, or activity has not been 13
funded by Congress. 14
(b)(1) Unless the Secretary of Energy notifies the 15
Committees on Appropriations of both Houses of Congress 16
at least 3 full business days in advance, none of the funds 17
made available in this title may be used to— 18
(A) make a grant allocation or discretionary 19
grant award totaling $1,000,000 or more; 20
(B) make a discretionary contract award or 21
Other Transaction Agreement totaling $1,000,000 22
or more, including a contract covered by the Federal 23
Acquisition Regulation; 24
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(C) provide nonoperational funding through a 1
competition restricted only to Department of Energy 2
National Laboratories totaling $1,000,000 or more; 3
(D) provide nonoperational funding directly to a 4
Department of Energy National Laboratory totaling 5
$25,000,000 or more; 6
(E) issue a letter of intent to make an alloca-7
tion, award, or Agreement in excess of the limits in 8
subparagraph (A), (B), (C), or (D); or 9
(F) announce publicly the intention to make an 10
allocation, award, or Agreement in excess of the lim-11
its in subparagraph (A), (B), (C), or (D). 12
(2) The Secretary of Energy shall submit to the Com-13
mittees on Appropriations of both Houses of Congress 14
within 15 days of the conclusion of each quarter a report 15
detailing each grant allocation or discretionary grant 16
award totaling less than $1,000,000 provided during the 17
previous quarter. 18
(3) The notification required by paragraph (1) and 19
the report required by paragraph (2) shall include the re-20
cipient of the award, the amount of the award, the fiscal 21
year for which the funds for the award were appropriated, 22
the account and program, project, or activity from which 23
the funds are being drawn, the title of the award, and 24
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a brief description of the activity for which the award is 1
made. 2
(c) The Department of Energy may not, with respect 3
to any program, project, or activity that uses budget au-4
thority made available in this title under the heading ‘‘De-5
partment of Energy—Energy Programs’’, enter into a 6
multiyear contract, award a multiyear grant, or enter into 7
a multiyear cooperative agreement unless— 8
(1) the contract, grant, or cooperative agree-9
ment is funded for the full period of performance as 10
anticipated at the time of award; or 11
(2) the contract, grant, or cooperative agree-12
ment includes a clause conditioning the Federal Gov-13
ernment’s obligation on the availability of future 14
year budget authority and the Secretary notifies the 15
Committees on Appropriations of both Houses of 16
Congress at least 3 days in advance. 17
(d) Except as provided in subsections (e), (f), and (g), 18
the amounts made available by this title shall be expended 19
as authorized by law for the programs, projects, and ac-20
tivities specified in the ‘‘Bill’’ 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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(e) The amounts made available by this title may be 1
reprogrammed for any program, project, or activity, and 2
the Department shall notify, and obtain the prior approval 3
of, the Committees on Appropriations of both Houses of 4
Congress at least 30 days prior to the use of any proposed 5
reprogramming that would cause any program, project, or 6
activity funding level to increase or decrease by more than 7
$5,000,000 or 10 percent, whichever is less, during the 8
time period covered by this Act. 9
(f) None of the funds provided in this title shall be 10
available for obligation or expenditure through a re-11
programming of funds that— 12
(1) creates, initiates, or eliminates a program, 13
project, or activity; 14
(2) increases funds or personnel for any pro-15
gram, project, or activity for which funds are denied 16
or restricted by this Act; or 17
(3) reduces funds that are directed to be used 18
for a specific program, project, or activity by this 19
Act. 20
(g)(1) The Secretary of Energy may waive any re-21
quirement or restriction in this section that applies to the 22
use of funds made available for the Department of Energy 23
if compliance with such requirement or restriction would 24
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pose a substantial risk to human health, the environment, 1
welfare, or national security. 2
(2) The Secretary of Energy shall notify the Commit-3
tees on Appropriations of both Houses of Congress of any 4
waiver under paragraph (1) as soon as practicable, but 5
not later than 3 days after the date of the activity to which 6
a requirement or restriction would otherwise have applied. 7
Such notice shall include an explanation of the substantial 8
risk under paragraph (1) that permitted such waiver. 9
(h) The unexpended balances of prior appropriations 10
provided for activities in this Act may be available to the 11
same appropriation accounts for such activities established 12
pursuant to this title. Available balances may be merged 13
with funds in the applicable established accounts and 14
thereafter may be accounted for as one fund for the same 15
time period as originally enacted. 16
S
EC. 302. Funds appropriated by this or any other 17
Act, or made available by the transfer of funds in this 18
Act, for intelligence activities are deemed to be specifically 19
authorized by the Congress for purposes of section 504 20
of the National Security Act of 1947 (50 U.S.C. 3094) 21
during fiscal year 2025 until the enactment of the Intel-22
ligence Authorization Act for fiscal year 2025. 23
S
EC. 303. None of the funds made available in this 24
title shall be used for the construction of facilities classi-25
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fied as high-hazard nuclear facilities under 10 CFR Part 1
830 unless independent oversight is conducted by the Of-2
fice of Enterprise Assessments to ensure the project is in 3
compliance with nuclear safety requirements. 4
S
EC. 304. None of the funds made available in this 5
title may be used to approve critical decision-2 or critical 6
decision-3 under Department of Energy Order 413.3B, or 7
any successive departmental guidance, for construction 8
projects where the total project cost exceeds 9
$100,000,000, until a separate independent cost estimate 10
has been developed for the project for that critical deci-11
sion. 12
S
EC. 305. None of the funds made available in this 13
title may be used to support a grant allocation award, dis-14
cretionary grant award, or cooperative agreement that ex-15
ceeds $100,000,000 in Federal funding unless the project 16
is carried out through internal independent project man-17
agement procedures. 18
S
EC. 306. No funds shall be transferred directly from 19
‘‘Department of Energy—Power Marketing Administra-20
tion—Colorado River Basins Power Marketing Fund, 21
Western Area Power Administration’’ to the general fund 22
of the Treasury in the current fiscal year. 23
S
EC. 307. (a) The Secretary of Energy may not es-24
tablish any new regional petroleum product reserve unless 25
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funding for the proposed regional petroleum product re-1
serve is explicitly requested in advance in an annual budg-2
et submitted by the President pursuant to section 1105 3
of title 31, United States Code, and approved by the Con-4
gress in an appropriations Act. 5
(b) The budget request or notification shall include— 6
(1) the justification for the new reserve; 7
(2) a cost estimate for the establishment, oper-8
ation, and maintenance of the reserve, including 9
funding sources; 10
(3) a detailed plan for operation of the reserve, 11
including the conditions upon which the products 12
may be released; 13
(4) the location of the reserve; and 14
(5) the estimate of the total inventory of the re-15
serve. 16
S
EC. 308. None of the funds made available by this 17
Act may be used to draw down and sell petroleum prod-18
ucts from the Strategic Petroleum Reserve (1) to any enti-19
ty that is under the ownership, control, or influence of 20
the Chinese Communist Party; or (2) except on condition 21
that such petroleum products will not be exported to the 22
People’s Republic of China. 23
S
EC. 309. (a) None of the funds made available by 24
this Act may be used by the Secretary of Energy to award 25
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any grant, contract, cooperative agreement, or loan of 1
$10,000,000 or greater to an entity of concern as defined 2
in section 10114 of division B of Public Law 117–167. 3
(b) The Secretary shall implement the requirements 4
under subsection (a) using a risk-based approach and ana-5
lytical tools to aggregate, link, analyze, and maintain in-6
formation reported by an entity seeking or receiving such 7
funds made available by this Act. 8
(c) This section shall be applied in a manner con-9
sistent with the obligations of the United States under ap-10
plicable international agreements. 11
(d) The Secretary shall have the authority to require 12
the submission to the agency, by an entity seeking or re-13
ceiving such funds made available by this Act, documenta-14
tion necessary to implement the requirements under sub-15
section (a). 16
(e) Chapter 35 of title 44, United States Code (com-17
monly known as the ‘‘Paperwork Reduction Act’’), shall 18
not apply to the implementation of the requirements under 19
this section. 20
(f) The Secretary and other Federal agencies shall 21
coordinate to share relevant information necessary to im-22
plement the requirements under subsection (a). 23
S
EC. 310. 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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non-United States citizen from Russia or China to any 1
nuclear weapons production facility, as such term is de-2
fined in section 4002 of the Atomic Energy Defense Act 3
(50 U.S.C. 2501), other than areas accessible to the gen-4
eral public, unless 30 days prior to facility admittance, the 5
Department of Energy provides notification to the Com-6
mittees on Appropriations and Armed Services of both 7
Houses of Congress. 8
S
EC. 311. (a) None of the funds made available by 9
this Act or otherwise made available for fiscal year 2025 10
for the Department of Energy may be obligated or ex-11
pended to procure or purchase computers, printers, or 12
interoperable videoconferencing services needed for an of-13
fice environment in which the manufacturer, bidder, or of-14
feror, or any subsidiary or parent entity of the manufac-15
turer, bidder, or offeror, of the equipment is an entity, 16
or parent company of an entity in which the People’s Re-17
public of China has any ownership stake. 18
(b) The prohibition in subsection (a) also applies in 19
cases in which the Secretary has contracted with a third 20
party for the procurement, purchase, or expenditure of 21
funds on any of the equipment and software described in 22
such subsection. 23
S
EC. 312. None of the funds made available by this 24
Act may be used to further develop, finalize, administer, 25
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implement, or enforce the proposed regulation by the De-1
partment of Energy titled ‘‘Clean Energy for New Federal 2
Buildings and Major Renovations of Federal Buildings’’ 3
87 Fed. Reg. 78382 (December 21, 2022). 4
S
EC. 313. None of the funds made available by this 5
Act may be used to provide a categorical exclusion from 6
the National Environmental Policy Act of 1969 (42 U.S.C. 7
4321 et seq.) for energy storage systems, as described in 8
the Department of Energy’s final rule, part 1021 of title 9
10, Code of Federal Regulations. 10
S
EC. 314. None of the funds made available by this 11
Act may be expended to support the Department of En-12
ergy Justice40 initiative as defined by or required by Ex-13
ecutive Order 14008 of January 27, 2021 (86 Fed. Reg. 14
7619; relating to tackling the climate crisis at home and 15
abroad). 16
S
EC. 315. Section 3 of the Natural Gas Act (15 17
U.S.C. 717b) is amended— 18
(1) by striking subsections (a) through (c); 19
(2) by redesignating subsections (e) and (f) as 20
subsections (a) and (b), respectively; 21
(3) by redesignating subsection (d) as sub-22
section (c), and moving such subsection after sub-23
section (b), as so redesignated; 24
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(4) in subsection (a), as so redesignated, by 1
amending paragraph (1) to read as follows: ‘‘(1) The 2
Federal Energy Regulatory Commission (in this sub-3
section referred to as the ‘Commission’) shall have 4
the exclusive authority to approve or deny an appli-5
cation for authorization for the siting, construction, 6
expansion, or operation of a facility to export nat-7
ural gas from the United States to a foreign country 8
or import natural gas from a foreign country, in-9
cluding an LNG terminal. In determining whether to 10
approve or deny an application under this para-11
graph, the Commission shall deem the exportation or 12
importation of natural gas to be consistent with the 13
public interest. Except as specifically provided in 14
this Act, nothing in this Act is intended to affect 15
otherwise applicable law related to any Federal 16
agency’s authorities or responsibilities related to fa-17
cilities to import or export natural gas, including 18
LNG terminals.’’; and 19
(5) by adding at the end the following new sub-20
section: 21
‘‘(d)(1) Nothing in this Act limits the authority 22
of the President under the Constitution, the Inter-23
national Emergency Economic Powers Act (50 24
U.S.C. 1701 et seq.), the National Emergencies Act 25
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(50 U.S.C. 1601 et seq.), part B of title II of the 1
Energy Policy and Conservation Act (42 U.S.C. 2
6271 et seq.), the Trading With the Enemy Act (50 3
U.S.C. 4301 et seq.), or any other provision of law 4
that imposes sanctions on a foreign person or for-5
eign government (including any provision of law that 6
prohibits or restricts United States persons from en-7
gaging in a transaction with a sanctioned person or 8
government), including a country that is designated 9
as a state sponsor of terrorism, to prohibit imports 10
or exports. 11
‘‘(2) In this subsection, the term ‘state sponsor 12
of terrorism’ means a country the government of 13
which the Secretary of State determines has repeat-14
edly provided support for international terrorism 15
pursuant to— 16
‘‘(A) section 1754(c)(1)(A) of the Export Con-17
trol Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); 18
‘‘(B) section 620A of the Foreign Assistance 19
Act of 1961 (22 U.S.C. 2371); 20
‘‘(C) section 40 of the Arms Export Control Act 21
(22 U.S.C. 2780); or 22
‘‘(D) any other provision of law.’’. 23
S
EC. 316. From the unobligated balances of amounts 24
made available under the heading ‘‘Department of En-25
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ergy—Energy Programs—Electricity’’ in title IV of divi-1
sion N of Public Law 117–328 to carry out activities to 2
improve the resilience of the Puerto Rican electric grid, 3
thirty-five hundredths of one percent of the amounts made 4
available under such heading shall be transferred not later 5
than January 1, 2025, to the Office of the Inspector Gen-6
eral of the Department of Energy to carry out the provi-7
sions of the Inspector General Act of 1978, in addition 8
to amounts otherwise available for such purpose, to re-9
main available until expended: Provided, That any 10
amounts so transferred that were previously designated by 11
the Congress as an emergency requirement pursuant to 12
the Balanced Budget and Emergency Deficit Control Act 13
of 1985 or a concurrent resolution on the budget are des-14
ignated by the Congress as an emergency requirement 15
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-16
et and Emergency Deficit Control Act of 1985 and shall 17
be available only if the President designates such amount 18
as an emergency requirement pursuant to section 19
251(b)(2)(A)(i). 20
S
EC. 317. (a) Of the unobligated balances from 21
amounts previously made available to the Department of 22
Energy, the following funds shall be transferred from the 23
following programs in the specified amounts to ‘‘Depart-24
ment of Energy—Energy Programs—Nuclear Energy’’, 25
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and, in addition to amounts otherwise made available, 1
shall be available for the not more than two competitive 2
awards for Generation 3+ small modular reactor deploy-3
ment projects described in section 311(a)(1)(A) of division 4
D of the Consolidated Appropriations Act, 2024 (Public 5
Law 118–42) and the two awards for demonstration 6
projects made prior to the date of enactment of this Act 7
under the Advanced Reactor Demonstration Program, as 8
authorized under section 959A of the Energy Policy Act 9
of 2005 (42 U.S.C. 16279a)— 10
(1) $980,000,000, to remain available until 11
expended, from the unobligated balances under 12
the heading ‘‘Department of Energy—Energy 13
Programs—Nuclear Energy’’ in division J of 14
the Infrastructure Investment and Jobs Act 15
(Public Law 117–58), of which $120,000,000 16
shall be available in fiscal year 2025 and 17
$860,000,000 shall be available in fiscal year 18
2026; 19
(2) $1,500,000,000, to remain available 20
until expended, from the unobligated balances 21
under the heading ‘‘Department of Energy— 22
Energy Programs—Carbon Dioxide Transpor-23
tation Infrastructure Finance and Innovation 24
Program Account’’ in division J of the Infra-25
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structure Investment and Jobs Act (Public Law 1
117–58); 2
(3) $1,500,000,000, to remain available 3
until September 30, 2026, from the unobligated 4
balances under section 50141 of Public Law 5
117–169; and 6
(4) $5,000,000,000, to remain available 7
until September 30, 2026, from the unobligated 8
balances under section 50144 of Public Law 9
117–169: 10
Provided, That amounts transferred pursuant to 11
paragraphs (1) and (2) shall continue to be treated as 12
amounts specified in section 103(b) of division A of Public 13
Law 118–5. 14
(b) Public Law 117–169 is amended— 15
(1) in section 50141(a) by amending the 16
dollar amount to read as ‘‘$25,000,000,000’’; 17
and 18
(2) in section 50144(b) by amending the 19
dollar amount to read as ‘‘$5,000,000,000’’. 20
TITLE IV 21
INDEPENDENT AGENCIES 22
A
PPALACHIANREGIONALCOMMISSION 23
For expenses necessary to carry out the programs au-24
thorized by the Appalachian Regional Development Act of 25
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1965, as amended, and for expenses necessary for the 1
Federal Co-Chairman and the Alternate on the Appa-2
lachian Regional Commission, for payment of the Federal 3
share of the administrative expenses of the Commission, 4
including services as authorized by 5 U.S.C. 3109, and 5
hire of passenger motor vehicles, $200,000,000, to remain 6
available until expended. 7
D
EFENSENUCLEARFACILITIESSAFETYBOARD 8
SALARIES AND EXPENSES 9
For expenses necessary for the Defense Nuclear Fa-10
cilities Safety Board in carrying out activities authorized 11
by the Atomic Energy Act of 1954, as amended by Public 12
Law 100–456, section 1441, $45,000,000, to remain 13
available until September 30, 2026, of which not to exceed 14
$1,000 shall be available for official reception and rep-15
resentation expenses. 16
D
ELTAREGIONALAUTHORITY 17
SALARIES AND EXPENSES 18
For expenses necessary for the Delta Regional Au-19
thority and to carry out its activities, as authorized by 20
the Delta Regional Authority Act of 2000, notwith-21
standing sections 382F(d), 382M, and 382N of said Act, 22
$32,100,000, to remain available until expended. 23
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DENALICOMMISSION 1
For expenses necessary for the Denali Commission 2
including the purchase, construction, and acquisition of 3
plant and capital equipment as necessary and other ex-4
penses, $17,000,000, to remain available until expended, 5
notwithstanding the limitations contained in section 6
306(g) of the Denali Commission Act of 1998: Provided, 7
That funds shall be available for construction projects for 8
which the Denali Commission is the sole or primary fund-9
ing source in an amount not to exceed 80 percent of total 10
project cost for distressed communities, as defined by sec-11
tion 307 of the Denali Commission Act of 1998 (division 12
C, title III, Public Law 105–277), as amended by section 13
701 of appendix D, title VII, Public Law 106–113 (113 14
Stat. 1501A–280), and for Indian Tribes, as defined by 15
section 5304(e) of title 25, United States Code, and in 16
an amount not to exceed 50 percent for non-distressed 17
communities: Provided further, That notwithstanding any 18
other provision of law regarding payment of a non-Federal 19
share in connection with a grant-in-aid program, amounts 20
under this heading shall be available for the payment of 21
such a non-Federal share for any project for which the 22
Denali Commission is not the sole or primary funding 23
source, provided that such project is consistent with the 24
purposes of the Commission. 25
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NORTHERNBORDERREGIONALCOMMISSION 1
For expenses necessary for the Northern Border Re-2
gional Commission in carrying out activities authorized by 3
subtitle V of title 40, United States Code, $41,000,000, 4
to remain available until expended: Provided, That such 5
amounts shall be available for administrative expenses, 6
notwithstanding section 15751(b) of title 40, United 7
States Code. 8
S
OUTHEASTCRESCENTREGIONALCOMMISSION 9
For expenses necessary for the Southeast Crescent 10
Regional Commission in carrying out activities authorized 11
by subtitle V of title 40, United States Code, $20,000,000, 12
to remain available until expended. 13
S
OUTHWESTBORDERREGIONALCOMMISSION 14
For expenses necessary for the Southwest Border Re-15
gional Commission in carrying out activities authorized by 16
subtitle V of title 40, United States Code, $5,000,000, to 17
remain available until expended. 18
G
REATLAKESAUTHORITY 19
For expenses necessary for the Great Lakes Author-20
ity in carrying out activities authorized by subtitle V of 21
title 40, United States Code, $5,000,000, to remain avail-22
able until expended. 23
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NUCLEARREGULATORYCOMMISSION 1
SALARIES AND EXPENSES 2
For expenses necessary for the Commission in car-3
rying out the purposes of the Energy Reorganization Act 4
of 1974 and the Atomic Energy Act of 1954, 5
$955,368,200, including official representation expenses 6
not to exceed $30,000, to remain available until expended: 7
Provided, That of the amount appropriated herein, not 8
more than $11,435,000 may be made available for sala-9
ries, travel, and other support costs for the Office of the 10
Commission, to remain available until September 30, 11
2026: Provided further, That revenues from licensing fees, 12
inspection services, and other services and collections esti-13
mated at $807,672,200 in fiscal year 2025 shall be re-14
tained and used for necessary salaries and expenses in this 15
account, notwithstanding 31 U.S.C. 3302, and shall re-16
main available until expended: Provided further, That the 17
sum herein appropriated shall be reduced by the amount 18
of revenues received during fiscal year 2025 so as to result 19
in a final fiscal year 2025 appropriation estimated at not 20
more than $147,696,000. 21
OFFICE OF INSPECTOR GENERAL 22
For expenses necessary for the Office of Inspector 23
General in carrying out the provisions of the Inspector 24
General Act of 1978, $19,578,000, to remain available 25
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until September 30, 2026: Provided, That revenues from 1
licensing fees, inspection services, and other services and 2
collections estimated at $16,274,000 in fiscal year 2025 3
shall be retained and be available until September 30, 4
2026, for necessary salaries and expenses in this account, 5
notwithstanding section 3302 of title 31, United States 6
Code: Provided further, That the sum herein appropriated 7
shall be reduced by the amount of revenues received dur-8
ing fiscal year 2025 so as to result in a final fiscal year 9
2025 appropriation estimated at not more than 10
$3,304,000: Provided further, That of the amounts appro-11
priated under this heading, $1,505,000 shall be for In-12
spector General services for the Defense Nuclear Facilities 13
Safety Board. 14
N
UCLEARWASTETECHNICALREVIEWBOARD 15
SALARIES AND EXPENSES 16
For expenses necessary for the Nuclear Waste Tech-17
nical Review Board, as authorized by Public Law 100– 18
203, section 5051, $4,100,000, to be derived from the Nu-19
clear Waste Fund, to remain available until September 30, 20
2026. 21
GENERAL PROVISIONS—INDEPENDENT 22
AGENCIES 23
S
EC. 401. The Nuclear Regulatory Commission shall 24
comply with the July 5, 2011, version of Chapter VI of 25
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its Internal Commission Procedures when responding to 1
Congressional requests for information, consistent with 2
Department of Justice guidance for all Federal agencies. 3
S
EC. 402. (a) The amounts made available by this 4
title for the Nuclear Regulatory Commission may be re-5
programmed for any program, project, or activity, and the 6
Commission shall notify the Committees on Appropria-7
tions of both Houses of Congress at least 30 days prior 8
to the use of any proposed reprogramming that would 9
cause any program funding level to increase or decrease 10
by more than $500,000 or 10 percent, whichever is less, 11
during the time period covered by this Act. 12
(b)(1) The Nuclear Regulatory Commission may 13
waive the notification requirement in subsection (a) if 14
compliance with such requirement would pose a substan-15
tial risk to human health, the environment, welfare, or na-16
tional security. 17
(2) The Nuclear Regulatory Commission shall notify 18
the Committees on Appropriations of both Houses of Con-19
gress of any waiver under paragraph (1) as soon as prac-20
ticable, but not later than 3 days after the date of the 21
activity to which a requirement or restriction would other-22
wise have applied. Such notice shall include an explanation 23
of the substantial risk under paragraph (1) that permitted 24
such waiver and shall provide a detailed report to the 25
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Committees of such waiver and changes to funding levels 1
to programs, projects, or activities. 2
(c) Except as provided in subsections (a), (b), and 3
(d), the amounts made available by this title for ‘‘Nuclear 4
Regulatory Commission—Salaries and Expenses’’ shall be 5
expended as directed in the report accompanying this Act. 6
(d) None of the funds provided for the Nuclear Regu-7
latory Commission shall be available for obligation or ex-8
penditure through a reprogramming of funds that in-9
creases funds or personnel for any program, project, or 10
activity for which funds are denied or restricted by this 11
Act. 12
(e) The Commission shall provide a monthly report 13
to the Committees on Appropriations of both Houses of 14
Congress, which includes the following for each program, 15
project, or activity, including any prior year appropria-16
tions— 17
(1) total budget authority; 18
(2) total unobligated balances; and 19
(3) total unliquidated obligations. 20
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TITLE V 1
GENERAL PROVISIONS 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 501. None of the funds appropriated by this Act 4
may be used in any way, directly or indirectly, to influence 5
congressional action on any legislation or appropriation 6
matters pending before Congress, other than to commu-7
nicate to Members of Congress as described in 18 U.S.C. 8
1913. 9
S
EC. 502. (a) None of the funds made available in 10
title III of this Act may be transferred to any department, 11
agency, or instrumentality of the United States Govern-12
ment, except pursuant to a transfer made by or transfer 13
authority provided in this Act or any other appropriations 14
Act for any fiscal year, transfer authority referenced in 15
the report accompanying this Act, or any authority where-16
by a department, agency, or instrumentality of the United 17
States Government may provide goods or services to an-18
other department, agency, or instrumentality. 19
(b) None of the funds made available for any depart-20
ment, agency, or instrumentality of the United States 21
Government may be transferred to accounts funded in title 22
III of this Act, except pursuant to a transfer made by or 23
transfer authority provided in this Act or any other appro-24
priations Act for any fiscal year, transfer authority ref-25
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erenced in the report accompanying this Act, or any au-1
thority whereby a department, agency, or instrumentality 2
of the United States Government may provide goods or 3
services to another department, agency, or instrumen-4
tality. 5
(c) The head of any relevant department or agency 6
funded in this Act utilizing any transfer authority shall 7
submit to the Committees on Appropriations of both 8
Houses of Congress a semiannual report detailing the 9
transfer authorities, except for any authority whereby a 10
department, agency, or instrumentality of the United 11
States Government may provide goods or services to an-12
other department, agency, or instrumentality, used in the 13
previous 6 months and in the year-to-date. This report 14
shall include the amounts transferred and the purposes 15
for which they were transferred, and shall not replace or 16
modify existing notification requirements for each author-17
ity. 18
S
EC. 503. (a) None of the funds made available in 19
this Act may be used to maintain or establish a computer 20
network unless such network blocks the viewing, 21
downloading, and exchanging of pornography. 22
(b) Nothing in subsection (a) shall limit the use of 23
funds necessary for any Federal, State, Tribal, or local 24
law enforcement agency or any other entity carrying out 25
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criminal investigations, prosecution, or adjudication activi-1
ties. 2
S
EC. 504. (a) No federal monies shall be expended 3
in furtherance of any agreement among private entities 4
for consolidated interim storage of spent nuclear fuel that 5
is not specifically authorized under federal law until such 6
time that host state and local governments and any af-7
fected Indian tribes have formalized their consent. 8
(b) Provided that the prohibition provided for in this 9
section shall not apply to facilities presently storing com-10
mercial spent nuclear fuel, pursuant to a license issued 11
by the Nuclear Regulatory Commission, as of the date of 12
enactment of this Act. 13
(c) For purposes of this section, ‘‘spent nuclear fuel’’ 14
shall have the same meaning as provided in section 2 of 15
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). 16
S
EC. 505. None of the funds made available by this 17
Act may be used to carry out any program, project, or 18
activity that promotes or advances Critical Race Theory 19
or any concept associated with Critical Race Theory. 20
S
EC. 506. None of the funds appropriated or other-21
wise made available by this Act may be made available 22
to implement, administer, apply, enforce, or carry out the 23
Equity Action Plan of the Department of Energy, or Exec-24
utive Order 13985 of January 20, 2021 (86 Fed. Reg. 25
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7009, relating to advancing racial equity and support for 1
underserved communities through the Federal Govern-2
ment), Executive Order 14035 of June 25, 2021 (86 Fed. 3
Reg. 34593, relating to diversity, equity, inclusion, and 4
accessibility in the Federal workforce), or Executive Order 5
14091 of February 16, 2023 (88 Fed. Reg. 10825, relat-6
ing to further advancing racial equity and support for un-7
derserved communities through the Federal Government). 8
S
EC. 507. (a) INGENERAL.—Notwithstanding sec-9
tion 7 of title 1, United States Code, section 1738C of 10
title 28, United States Code, or any other provision of law, 11
none of the funds provided by this Act, or previous appro-12
priations Acts, shall be used in whole or in part to take 13
any discriminatory action against a person, wholly or par-14
tially, on the basis that such person speaks, or acts, in 15
accordance with a sincerely held religious belief, or moral 16
conviction, that marriage is, or should be recognized as, 17
a union of one man and one woman. 18
(b) D
ISCRIMINATORYACTIONDEFINED.— As used 19
in subsection (a), a discriminatory action means any ac-20
tion taken by the Federal Government to— 21
(1) alter in any way the Federal tax treat-22
ment of, or cause any tax, penalty, or payment 23
to be assessed against, or deny, delay, or revoke 24
an exemption from taxation under section 25
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501(a) of the Internal Revenue Code of 1986 1
of, any person referred to in subsection (a); 2
(2) disallow a deduction for Federal tax 3
purposes of any charitable contribution made to 4
or by such person; 5
(3) withhold, reduce the amount or fund-6
ing for, exclude, terminate, or otherwise make 7
unavailable or deny, any Federal grant, con-8
tract, subcontract, cooperative agreement, guar-9
antee, loan, scholarship, license, certification, 10
accreditation, employment, or other similar po-11
sition or status from or to such person; 12
(4) withhold, reduce, exclude, terminate, or 13
otherwise make unavailable or deny, any entitle-14
ment or benefit under a Federal benefit pro-15
gram, including admission to, equal treatment 16
in, or eligibility for a degree from an edu-17
cational program, from or to such person; or 18
(5) withhold, reduce, exclude, terminate, or 19
otherwise make unavailable or deny access or 20
an entitlement to Federal property, facilities, 21
educational institutions, speech fora (including 22
traditional, limited, and nonpublic fora), or 23
charitable fundraising campaigns from or to 24
such person. 25
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(c) ACCREDITATION; LICENSURE; CERTIFICATION.— 1
The Federal Government shall consider accredited, li-2
censed, or certified for purposes of Federal law any person 3
that would be accredited, licensed, or certified, respec-4
tively, for such purposes but for a determination against 5
such person wholly or partially on the basis that the per-6
son speaks, or acts, in accordance with a sincerely held 7
religious belief or moral conviction described in subsection 8
(a). 9
S
EC. 508. None of the funds made available by this 10
Act or any other Act may be used to implement, admin-11
ister, or enforce any COVID–19 mask or vaccine man-12
dates. 13
S
EC. 509. None of the funds made available by this 14
Act may be used to obligate or award funds, including sub-15
grants and other subawards, to the Wuhan Institute of 16
Virology, including affiliated researchers. 17
S
EC. 510. None of the funds appropriated or other-18
wise made available by this Act may be used to fly or dis-19
play a flag over or within a facility of the federal govern-20
ment other than the flag of the United States, flag bearing 21
an official U.S. Government seal or insignia, or POW/MIA 22
flag. 23
S
EC. 511. None of the funds appropriated or other-24
wise made available by this Act may be made available 25
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to finalize any rule or regulation that meets the definition 1
of section 804(2)(A) of title 5, United States Code. 2
S
EC. 512. None of the funds made available by this 3
Act may be used to develop or implement guidance related 4
to the valuation of ecosystem and environmental services 5
and natural assets in Federal regulatory decision-making, 6
as directed by Executive Order 14072 of April 22, 2022 7
(87 Fed. Reg. 24851, relating to strengthening the Na-8
tion’s forests, communities, and local economies). 9
S
EC. 513. The funds made available in this act or 10
any other appropriations act for the purposes of imple-11
menting the United States Government Commitments in 12
support of the Columbia Basin Restoration Initiative set 13
forth in the Memorandum of Understanding of December 14
14, 2023, between the United States, the States of Oregon 15
and Washington, the Confederated Tribes and Bands of 16
the Yakama Nation, the Confederated Tribes of the 17
Umatilla Indian Reservation, the Confederated Tribes of 18
the Warm Springs Reservation of Oregon, the Nez Perce 19
Tribe, and environmental non-profit organizations, that 20
require reimbursement by the Bonneville Power Adminis-21
tration and do not arise from Bonneville’s current reim-22
bursement obligations, shall be limited to the 23
$300,000,000 Bonneville committed to in such Commit-24
ments of December 14, 2023, should Bonneville be re-25
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quired to implement the U.S. Government Commitments 1
in support of the Columbia Basin Restoration Initiative 2
set forth in the Memorandum of Understanding of Decem-3
ber 14, 2023, between the United States; the States of 4
Oregon and Washington; the Confederated Tribes and 5
Bands of the Yakama Nation; the Confederated Tribes of 6
the Umatilla Indian Reservation; the Confederated Tribes 7
of the Warm Springs Reservation; the Nez Perce Tribe; 8
and environmental non-profit organizations. 9
S
EC. 514. None of the funds made available by this 10
Act may be used to finalize, implement, administer, or en-11
force any of the following rules: 12
(1) The final rule entitled ‘‘Energy Conserva-13
tion Program: Energy Conservation Standards for 14
Distribution Transformers’’ published by the De-15
partment of Energy in the Federal Register on April 16
22, 2024 (89 Fed. Reg. 29834), or any substantially 17
similar rule. 18
(2) The final rule entitled ‘‘Energy Conserva-19
tion Program: Energy Conservation Standards for 20
Manufactured Housing’’ published by the Depart-21
ment of Energy in the Federal Register on May 31, 22
2022 (87 Fed. Reg. 32728), or any substantially 23
similar rule. 24
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(3) The final rule entitled ‘‘Energy Conserva-1
tion Program: Energy Conservation Standards for 2
Room Air Conditioners’’ published by the Depart-3
ment of Energy in the Federal Register on May 26, 4
2023 (88 Fed. Reg. 34298), or any substantially 5
similar rule. 6
(4) The final rule entitled ‘‘Energy Conserva-7
tion Program: Energy Conservation Standards for 8
Consumer Conventional Cooking Products’’ pub-9
lished by the Department of Energy in the Federal 10
Register on February 14, 2024 (89 Fed. Reg. 11
11434), or any substantially similar rule, including 12
any rule that would directly or indirectly limit con-13
sumer access to consumer conventional cooking 14
products, including gas kitchen ranges or ovens. 15
SPENDING REDUCTION ACCOUNT 16
S
EC. 515. $0. 17
This Act may be cited as the ‘‘Energy and Water De-18
velopment and Related Agencies Appropriations Act, 19
2025’’. 20
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480 
118
TH
CONGRESS 
2
D
S
ESSION
 
H. R. 8997 
[Report No. 118–580] 
A BILL 
Making appropriations for energy and water devel-
opment and related agencies for the fiscal year 
ending September 30, 2025, and for other pur-
poses. 
J
ULY
11, 2024 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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