II Calendar No. 469 118THCONGRESS 2 DSESSION S. 4927 [Report No. 118–205] Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST1, 2024 Mrs. M URRAY, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for en-4 ergy and water development and related agencies for the 5 fiscal year ending September 30, 2025, and for other pur-6 poses, namely: 7 2 •S 4927 RS TITLE I 1 CORPS OF ENGINEERS—CIVIL 2 DEPARTMENT OF THE ARMY 3 C ORPS OFENGINEERS—CIVIL 4 The following appropriations shall be expended under 5 the direction of the Secretary of the Army and the super-6 vision of the Chief of Engineers for authorized civil func-7 tions of the Department of the Army pertaining to river 8 and harbor, flood and storm damage reduction, shore pro-9 tection, aquatic ecosystem restoration, and related efforts. 10 INVESTIGATIONS 11 For expenses necessary where authorized by law for 12 the collection and study of basic information pertaining 13 to river and harbor, flood and storm damage reduction, 14 shore protection, aquatic ecosystem restoration, and re-15 lated needs; for surveys and detailed studies, and plans 16 and specification of proposed river and harbor, flood and 17 storm damage reduction, shore protection, and aquatic 18 ecosystem restoration projects, and related efforts prior to 19 construction, for restudy of authorized projects; and for 20 miscellaneous investigations, and, when authorized by law, 21 surveys and detailed studies, and plans and specifications 22 of projects prior to construction, $107,800,000, to remain 23 available until expended: Provided, That the Secretary 24 shall not deviate from the work plan, once the plan has 25 3 •S 4927 RS been submitted to the Committees on Appropriations of 1 both Houses of Congress. 2 PLANNING, ENGINEERING, AND DESIGN 3 For expenses necessary for conducting surveys and 4 detailed studies, and plans and specifications, prior to con-5 struction of river and harbor, flood and storm damage re-6 duction, shore protection, aquatic ecosystem restoration, 7 and related projects authorized by law (including those in-8 volving participation by States, local governments, or pri-9 vate groups) or made eligible for selection by law (but such 10 detailed studies, and plans and specifications, shall not 11 constitute a commitment of the Government to construc-12 tion), $200,000,000, to remain available until expended: 13 Provided, That the Secretary shall not deviate from the 14 work plan, once the plan has been submitted to the Com-15 mittees on Appropriations of both Houses of Congress. 16 CONSTRUCTION 17 For expenses necessary for the construction of river 18 and harbor, flood and storm damage reduction, shore pro-19 tection, aquatic ecosystem restoration, and related 20 projects authorized by law; for conducting and completing 21 detailed studies, and plans and specifications, of such 22 projects (including those involving participation by States, 23 local governments, or private groups) authorized or made 24 eligible for selection by law (but such detailed studies, and 25 4 •S 4927 RS plans and specifications, shall not constitute a commit-1 ment of the Government to construction); $2,979,041,000, 2 to remain available until expended; of which $77,900,000, 3 to be derived from the Harbor Maintenance Trust Fund, 4 shall be to cover the Federal share of construction costs 5 for facilities under the Dredged Material Disposal Facili-6 ties program; and of which such sums as are necessary 7 to cover 35 percent of the costs of construction, replace-8 ment, rehabilitation, and expansion of inland waterways 9 projects shall be derived from the Inland Waterways Trust 10 Fund, except as otherwise specifically provided for in law: 11 Provided, That the Secretary shall not deviate from the 12 work plan, once the plan has been submitted to the Com-13 mittees on Appropriations of both Houses of Congress. 14 MISSISSIPPI RIVER AND TRIBUTARIES 15 For expenses necessary for flood damage reduction 16 projects and related efforts in the Mississippi River allu-17 vial valley below Cape Girardeau, Missouri, as authorized 18 by law, $375,464,000, to remain available until expended, 19 of which $6,215,000, to be derived from the Harbor Main-20 tenance Trust Fund, shall be to cover the Federal share 21 of eligible operation and maintenance costs for inland har-22 bors: Provided, That 10 percent of the total amount of 23 funds provided for each of the programs, projects, or ac-24 tivities for operation and maintenance funded under this 25 5 •S 4927 RS heading shall not be allocated to a field operating activity 1 prior to the beginning of the fourth quarter of the fiscal 2 year and shall be available for use by the Chief of Engi-3 neers to fund such emergency activities as the Chief of 4 Engineers determines to be necessary and appropriate, 5 and that the Chief of Engineers shall allocate during the 6 fourth quarter any remaining funds which have not been 7 used for emergency activities proportionally in accordance 8 with the amounts provided for the programs, projects, or 9 activities: Provided further, That the Secretary shall not 10 deviate from the work plan, once the plan has been sub-11 mitted to the Committees on Appropriations of both 12 Houses of Congress. 13 OPERATION AND MAINTENANCE 14 (INCLUDING TRANSFER OF FUNDS) 15 For expenses necessary for the operation, mainte-16 nance, and care of existing river and harbor, flood and 17 storm damage reduction, aquatic ecosystem restoration, 18 and related projects authorized by law; providing security 19 for infrastructure owned or operated by the Corps, includ-20 ing administrative buildings and laboratories; maintaining 21 harbor channels provided by a State, municipality, or 22 other public agency that serve essential navigation needs 23 of general commerce, where authorized by law; surveying 24 and charting northern and northwestern lakes and con-25 6 •S 4927 RS necting waters; clearing and straightening channels; and 1 removing obstructions to navigation, $5,849,129,000, to 2 remain available until expended, of which $3,002,885,000, 3 to be derived from the Harbor Maintenance Trust Fund, 4 shall be to cover the Federal share of eligible operations 5 and maintenance costs for coastal harbors and channels, 6 and for inland harbors, of which $252,843,000, shall be 7 for the design and construction to replace Federal 8 dredges, in addition to amount otherwise made available 9 for such purposes, and shall be transferred to and merged 10 with funds available for such purposes in the revolving 11 fund established by the first section of the Act of July 12 27, 1953 (33 U.S.C. 576); of which such sums as become 13 available from the special account for the Corps of Engi-14 neers established by the Land and Water Conservation 15 Fund Act of 1965 shall be derived from that account for 16 resource protection, research, interpretation, and mainte-17 nance activities related to resource protection in the areas 18 at which outdoor recreation is available; of which such 19 sums as become available from fees collected under section 20 217 of Public Law 104–303 shall be used to cover the 21 cost of operation and maintenance of the dredged material 22 disposal facilities for which such fees have been collected; 23 and of which $60,000,000, to be derived from the general 24 fund of the Treasury, shall be to carry out subsection (c) 25 7 •S 4927 RS of section 2106 of the Water Resources Reform and Devel-1 opment Act of 2014 (33 U.S.C. 2238c) and shall be des-2 ignated as being for such purpose pursuant to paragraph 3 (2) of section 14003 of division B of the Coronavirus Aid, 4 Relief, and Economic Security Act (Public Law 116–136): 5 Provided, That 1 percent of the total amount of funds pro-6 vided for each of the programs, projects, or activities fund-7 ed under this heading shall not be allocated to a field oper-8 ating activity prior to the beginning of the fourth quarter 9 of the fiscal year and shall be available for use by the Chief 10 of Engineers to fund such emergency activities as the 11 Chief of Engineers determines to be necessary and appro-12 priate, and that the Chief of Engineers shall allocate dur-13 ing the fourth quarter any remaining funds which have 14 not been used for emergency activities proportionally in 15 accordance with the amounts provided for the programs, 16 projects, or activities: Provided further, That the Secretary 17 shall not deviate from the work plan, once the plan has 18 been submitted to the Committees on Appropriations of 19 both Houses of Congress. 20 REGULATORY PROGRAM 21 For expenses necessary for administration of laws 22 pertaining to regulation of navigable waters and wetlands, 23 $224,000,000, to remain available until September 30, 24 2026. 25 8 •S 4927 RS FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 1 For expenses necessary to clean up contamination 2 from sites in the United States resulting from work per-3 formed as part of the Nation’s early atomic energy pro-4 gram, $325,000,000, to remain available until expended. 5 FLOOD CONTROL AND COASTAL EMERGENCIES 6 For expenses necessary to prepare for flood, hurri-7 cane, and other natural disasters and support emergency 8 operations, repairs, and other activities in response to 9 such disasters as authorized by law, $45,000,000, to re-10 main available until expended. 11 EXPENSES 12 For expenses necessary for the supervision and gen-13 eral administration of the civil works program in the head-14 quarters of the Corps of Engineers and the offices of the 15 Division Engineers; and for costs of management and op-16 eration of the Humphreys Engineer Center Support Activ-17 ity, the Institute for Water Resources, the United States 18 Army Engineer Research and Development Center, and 19 the United States Army Corps of Engineers Finance Cen-20 ter allocable to the civil works program, $224,000,000, to 21 remain available until September 30, 2026, of which not 22 to exceed $5,000 may be used for official reception and 23 representation purposes and only during the current fiscal 24 year: Provided, That no part of any other appropriation 25 9 •S 4927 RS provided in this title shall be available to fund the civil 1 works activities of the Office of the Chief of Engineers 2 or the civil works executive direction and management ac-3 tivities of the division offices: Provided further, That any 4 Flood Control and Coastal Emergencies appropriation 5 may be used to fund the supervision and general adminis-6 tration of emergency operations, repairs, and other activi-7 ties in response to any flood, hurricane, or other natural 8 disaster. 9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 10 FOR CIVIL WORKS 11 For the Office of the Assistant Secretary of the Army 12 for Civil Works as authorized by 10 U.S.C. 7016(b)(3), 13 $5,500,000, to remain available until September 30, 2026: 14 Provided, That not more than 75 percent of such amount 15 may be obligated or expended until the Assistant Sec-16 retary submits to the Committees on Appropriations of 17 both Houses of Congress the report required under section 18 101(d) of this Act and a work plan that allocates at least 19 95 percent of the additional funding provided under each 20 heading in the report accompanying this Act, to specific 21 programs, projects, or activities. 22 10 •S 4927 RS WATER INFRASTRUCTURE FINANCE AND INNOVATION 1 PROGRAM ACCOUNT 2 For the cost of direct loans and for the cost of guar-3 anteed loans, as authorized by the Water Infrastructure 4 Finance and Innovation Act of 2014, $5,000,000, to re-5 main available until expended, for safety projects to main-6 tain, upgrade, and repair dams identified in the National 7 Inventory of Dams with a primary owner type of state, 8 local government, public utility, or private: Provided, That 9 any activity that results in a decrease in the hazard or 10 a decrease in the potential consequences of poor perform-11 ance of a dam structure listed on the National Inventory 12 of Dams with a primary owner type of state, local govern-13 ment, public utility, or private shall be considered a safety 14 project eligible for funds provided under this heading for 15 that purpose by this or any prior Act: Provided further, 16 That any safety project for a dam identified in the Na-17 tional Inventory of Dams with a primary owner type of 18 state, local government, public utility, or private shall be 19 eligible under section 5026(1)(A) of the Water Resources 20 Reform and Development Act of 2014 (Public Law 113– 21 121) (33 U.S.C. 3905(1)(A)) for funds provided under 22 this heading for that purpose by this or any prior Act: 23 Provided further, That no project may be funded with 24 amounts provided under this heading in this or any prior 25 11 •S 4927 RS Act for a dam that is identified as jointly owned in the 1 National Inventory of Dams and where one of those joint 2 owners is the Federal Government: Provided further, That 3 not later than 90 days following the end of any submittal 4 period occurring before or after the date of enactment of 5 this Act of a solicitation of preliminary applications from 6 prospective borrowers seeking credit assistance of funds 7 made available under this heading by this or any prior 8 Act, the Secretary shall provide to each applicant a written 9 notice to inform the applicant whether the applicant will 10 be invited to apply for credit assistance: Provided further, 11 That amounts made available under this heading in this 12 Act shall also be available for projects to construct, main-13 tain, upgrade, and repair levees and ancillary features 14 with a primary owner type of state, municipal, county, pri-15 vate, or other non-Federal entity: Provided further, That 16 subsection 386.2(v) of Title 33 of the Code of Federal 17 Regulations is hereby amended to add the following new 18 paragraph (2) and to renumber subsequent paragraphs 19 accordingly: ‘‘(2) Any project to construct, maintain, up-20 grade, or repair levees and ancillary features with a pri-21 mary owner type of state, municipal, county, private, or 22 other non-Federal entity; and which meets the statutory 23 requirements of Title 1, Division D of the Consolidated 24 Appropriations Act, 2024 and the criteria outlined in 85 25 12 •S 4927 RS FR 39189 (see division D of the Further Consolidated Ap-1 propriations Act, 2020 (Pub. L. 116–94).’’: Provided fur-2 ther, That no project may be funded with amounts pro-3 vided under this heading for a levee unless the Secretary 4 has certified in advance, in writing, that the levee is not 5 owned, in whole or in part, by the Federal Government: 6 Provided further, That the Secretary of the Army shall 7 make available all funds provided under this heading by 8 this or any prior Act through a Notice of Funding Avail-9 ability no later than 90 days after the date enactment of 10 this Act: Provided further That the Secretary of the Army 11 shall issue invitations to submit applications no later than 12 180 days after the date enactment of this Act: Provided 13 further, That no further rulemaking to make funds pro-14 vided under this heading by this or any prior Act shall 15 be necessary: Provided further, That such costs, including 16 the cost of modifying such loans, shall be as defined in 17 section 502 of the Congressional Budget Act of 1974: Pro-18 vided further, That these funds are available to subsidize 19 gross obligations for the principal amount of direct loans, 20 including capitalized interest, and total loan principal, in-21 cluding capitalized interest, any part of which is to be 22 guaranteed, not to exceed $500,000,000: Provided further, 23 That the use of direct loans or loan guarantee authority 24 under this heading for direct loans or commitments to 25 13 •S 4927 RS guarantee loans for any project shall be in accordance with 1 the criteria published in the Federal Register on June 30, 2 2020 (85 FR 39189) pursuant to the fourth proviso under 3 the heading ‘‘Water Infrastructure Finance and Innova-4 tion Program Account’’ in division D of the Further Con-5 solidated Appropriations Act, 2020 (Public Law 116–94): 6 Provided further, That none of the direct loans or loan 7 guarantee authority made available under this heading 8 shall be available for any project unless the Secretary and 9 the Director of the Office of Management and Budget 10 have certified in advance in writing that the direct loan 11 or loan guarantee, as applicable, and the project comply 12 with the criteria referenced in the previous proviso: Pro-13 vided further, That any references to the Environmental 14 Protection Agency (EPA) or the Administrator in the cri-15 teria referenced in the previous two provisos shall be 16 deemed to be references to the Army Corps of Engineers 17 or the Secretary of the Army, respectively, for purposes 18 of the direct loans or loan guarantee authority made avail-19 able under this heading: Provided further, That for the 20 purposes of carrying out the Congressional Budget Act of 21 1974, the Director of the Congressional Budget Office 22 may request, and the Secretary shall promptly provide, 23 documentation and information relating to a project iden-24 tified in a Letter of Interest submitted to the Secretary 25 14 •S 4927 RS pursuant to a Notice of Funding Availability for applica-1 tions for credit assistance under the Water Infrastructure 2 Finance and Innovation Act Program, including with re-3 spect to a project that was initiated or completed before 4 the date of enactment of this Act. 5 In addition, fees authorized to be collected pursuant 6 to sections 5029 and 5030 of the Water Infrastructure 7 Finance and Innovation Act of 2014 shall be deposited 8 in this account, to remain available until expended. 9 In addition, for administrative expenses to carry out 10 the direct and guaranteed loan programs, notwithstanding 11 section 5033 of the Water Infrastructure Finance and In-12 novation Act of 2014, $5,000,000, to remain available 13 until September 30, 2026. 14 GENERAL PROVISIONS—CORPS OF 15 ENGINEERS—CIVIL 16 (INCLUDING TRANSFERS OF FUNDS) 17 S EC. 101. (a) None of the funds provided in title I 18 of this Act, or provided by previous appropriations Acts 19 to the agencies or entities funded in title I of this Act 20 that remain available for obligation or expenditure in fiscal 21 year 2025, shall be available for obligation or expenditure 22 through a reprogramming of funds that: 23 (1) creates or initiates a new program, project, 24 or activity; 25 15 •S 4927 RS (2) eliminates a program, project, or activity; 1 (3) increases funds or personnel for any pro-2 gram, project, or activity for which funds have been 3 denied or restricted by this Act, unless prior ap-4 proval is received from the Committees on Appro-5 priations of both Houses of Congress; 6 (4) proposes to use funds directed for a specific 7 activity for a different purpose, unless prior approval 8 is received from the Committees on Appropriations 9 of both Houses of Congress; 10 (5) augments or reduces existing programs, 11 projects, or activities in excess of the amounts con-12 tained in paragraphs (6) through (11), unless prior 13 approval is received from the Committees on Appro-14 priations of both Houses of Congress; 15 (6) I NVESTIGATIONS.—For a base level over 16 $100,000, reprogramming of 25 percent of the base 17 amount up to a limit of $150,000 per project, study 18 or activity is allowed: Provided, That for a base level 19 less than $100,000, the reprogramming limit is 20 $25,000: Provided further, That up to $25,000 may 21 be reprogrammed into any continuing study or activ-22 ity that did not receive an appropriation for existing 23 obligations and concomitant administrative expenses; 24 16 •S 4927 RS (7) PLANNING, ENGINEERING, AND DESIGN.— 1 For a base level over $2,000,000, reprogramming of 2 15 percent of the base amount up to a limit of 3 $3,000,000 per project, study or activity is allowed: 4 Provided, That for a base level less than $2,000,000, 5 the reprogramming limit is $300,000: Provided fur-6 ther, That up to $300,000 may be reprogrammed 7 into any continuing study or activity that did not re-8 ceive an appropriation for existing obligations and 9 concomitant administrative expenses; 10 (8) C ONSTRUCTION.—For a base level over 11 $2,000,000, reprogramming of 15 percent of the 12 base amount up to a limit of $3,000,000 per project, 13 study or activity is allowed: Provided, That for a 14 base level less than $2,000,000, the reprogramming 15 limit is $300,000: Provided further, That up to 16 $3,000,000 may be reprogrammed for settled con-17 tractor claims, changed conditions, or real estate de-18 ficiency judgments: Provided further, That up to 19 $300,000 may be reprogrammed into any continuing 20 study or activity that did not receive an appropria-21 tion for existing obligations and concomitant admin-22 istrative expenses; 23 (9) O PERATION AND MAINTENANCE .—Unlim-24 ited reprogramming authority is granted for the 25 17 •S 4927 RS Corps to be able to respond to emergencies: Pro-1 vided, That the Chief of Engineers shall notify the 2 Committees on Appropriations of both Houses of 3 Congress of these emergency actions as soon there-4 after as practicable: Provided further, That for a 5 base level over $1,000,000, reprogramming of 15 6 percent of the base amount up to a limit of 7 $5,000,000 per project, study, or activity is allowed: 8 Provided further, That for a base level less than 9 $1,000,000, the reprogramming limit is $150,000: 10 Provided further, That $150,000 may be repro-11 grammed into any continuing study or activity that 12 did not receive an appropriation; 13 (10) M ISSISSIPPI RIVER AND TRIBUTARIES .— 14 The reprogramming guidelines in paragraphs (6), 15 (8), and (9) shall apply to the Investigations, Con-16 struction, and Operation and Maintenance portions 17 of the Mississippi River and Tributaries Account, re-18 spectively; and 19 (11) F ORMERLY UTILIZED SITES REMEDIAL AC -20 TION PROGRAM.—Reprogramming of up to 15 per-21 cent of the base of the receiving project is permitted. 22 (b) D EMINIMUSREPROGRAMMINGS.—In no case 23 should a reprogramming for less than $50,000 be sub-24 18 •S 4927 RS mitted to the Committees on Appropriations of both 1 Houses of Congress. 2 (c) C ONTINUINGAUTHORITIESPROGRAM.—Sub-3 section (a)(1) shall not apply to any project or activity 4 funded under the continuing authorities program. 5 (d) Not later than 60 days after the date of enact-6 ment of this Act, the Secretary shall submit a report to 7 the Committees on Appropriations of both Houses of Con-8 gress to establish the baseline for application of re-9 programming and transfer authorities for the current fis-10 cal year which shall include: 11 (1) A table for each appropriation with a sepa-12 rate column to display the President’s budget re-13 quest, adjustments made by Congress, adjustments 14 due to enacted rescissions, if applicable, and the fis-15 cal year enacted level; 16 (2) A delineation in the table for each appro-17 priation both by object class and program, project 18 and activity as detailed in the budget appendix for 19 the respective appropriations; and 20 (3) An identification of items of special congres-21 sional interest. 22 S EC. 102. None of the funds made available in this 23 title may be used to award or modify any contract that 24 commits funds beyond the amounts appropriated for that 25 19 •S 4927 RS program, project, or activity that remain unobligated, ex-1 cept that such amounts may include any funds that have 2 been made available through reprogramming pursuant to 3 section 101. 4 S EC. 103. The Secretary of the Army may transfer 5 to the Fish and Wildlife Service, and the Fish and Wildlife 6 Service may accept and expend, up to $8,200,000 of funds 7 provided in this title under the heading ‘‘Operation and 8 Maintenance’’ to mitigate for fisheries lost due to Corps 9 of Engineers projects. 10 S EC. 104. None of the funds in this Act shall be used 11 for an open lake placement alternative for dredged mate-12 rial, after evaluating the least costly, environmentally ac-13 ceptable manner for the disposal or management of 14 dredged material originating from Lake Erie or tributaries 15 thereto, unless it is approved under a State water quality 16 certification pursuant to section 401 of the Federal Water 17 Pollution Control Act (33 U.S.C. 1341): Provided, That 18 until an open lake placement alternative for dredged mate-19 rial is approved under a State water quality certification, 20 the Corps of Engineers shall continue upland placement 21 of such dredged material consistent with the requirements 22 of section 101 of the Water Resources Development Act 23 of 1986 (33 U.S.C. 2211). 24 20 •S 4927 RS SEC. 105. Additional funding provided in this Act 1 shall be allocated only to projects determined to be eligible 2 by the Chief of Engineers. 3 21 •S 4927 RS TITLE II 1 DEPARTMENT OF THE INTERIOR 2 C ENTRALUTAHPROJECT 3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4 For carrying out activities authorized by the Central 5 Utah Project Completion Act, $23,000,000, to remain 6 available until expended, of which $4,000,000 shall be de-7 posited into the Utah Reclamation Mitigation and Con-8 servation Account for use by the Utah Reclamation Miti-9 gation and Conservation Commission: Provided, That of 10 the amount provided under this heading, $1,900,000 shall 11 be available until September 30, 2026, for expenses nec-12 essary in carrying out related responsibilities of the Sec-13 retary of the Interior: Provided further, That for fiscal 14 year 2025, of the amount made available to the Commis-15 sion under this Act or any other Act, the Commission may 16 use an amount not to exceed $2,164,100 for administra-17 tive expenses: Provided further, That of the amounts pro-18 vided under this heading, not to exceed $1,000 may be 19 for official reception and representation expenses. 20 B UREAU OFRECLAMATION 21 The following appropriations shall be expended to 22 execute authorized functions of the Bureau of Reclama-23 tion: 24 22 •S 4927 RS WATER AND RELATED RESOURCES 1 (INCLUDING TRANSFERS OF FUNDS) 2 For management, development, and restoration of 3 water and related natural resources and for related activi-4 ties, including the operation, maintenance, and rehabilita-5 tion of reclamation and other facilities, participation in 6 fulfilling related Federal responsibilities to Native Ameri-7 cans, and related grants to, and cooperative and other 8 agreements with, State and local governments, federally 9 recognized Indian Tribes, and others, $1,864,550,000, to 10 remain available until expended, of which $23,620,000 11 shall be available for transfer to the Upper Colorado River 12 Basin Fund and $7,584,000 shall be available for transfer 13 to the Lower Colorado River Basin Development Fund; 14 of which such amounts as may be necessary may be ad-15 vanced to the Colorado River Dam Fund: Provided, That 16 $100,000 shall be available for transfer into the Aging In-17 frastructure Account established by section 9603(d)(1) of 18 the Omnibus Public Land Management Act of 2009, as 19 amended (43 U.S.C. 510b(d)(1)): Provided further, That 20 such transfers, except for the transfer authorized by the 21 preceding proviso, may be increased or decreased within 22 the overall appropriation under this heading: Provided fur-23 ther, That of the total appropriated, the amount for pro-24 gram activities that can be financed by the Reclamation 25 23 •S 4927 RS Fund, the Water Storage Enhancement Receipts account 1 established by section 4011(e) of Public Law 114–322, or 2 the Bureau of Reclamation special fee account established 3 by 16 U.S.C. 6806 shall be derived from that Fund or 4 account: Provided further, That funds contributed under 5 43 U.S.C. 395 are available until expended for the pur-6 poses for which the funds were contributed: Provided fur-7 ther, That funds advanced under 43 U.S.C. 397a shall be 8 credited to this account and are available until expended 9 for the same purposes as the sums appropriated under this 10 heading: Provided further, That of the amounts provided 11 herein, funds may be used for high-priority projects which 12 may be carried out by the Youth Conservation Corps, as 13 authorized by 16 U.S.C. 1706: Provided further, That 14 within available funds, up to $250,000 may be for grants 15 and financial assistance for educational activities: Pro-16 vided further, That of the amounts provided under this 17 heading, not to exceed $5,000 may be used for official re-18 ception and representation expenses: Provided further, 19 That in accordance with section 4007 of Public Law 114– 20 322 and as recommended by the Secretary in a letter 21 dated May 22, 2024, funding provided for such purpose 22 in fiscal year 2024 shall be made available to the Sites 23 Reservoir Project: Provided further, That in accordance 24 with section 4009(c) of Public Law 114–322 and as rec-25 24 •S 4927 RS ommended by the Secretary in a letter dated May 22, 1 2024, funding provided for such purpose in fiscal year 2 2023 and fiscal year 2024 shall be made available to the 3 El Paso Aquifer Storage and Recovery Enhanced Arroyo 4 Project, the Replenish Big Bear, the Purified Water Re-5 plenishment Project, North San Diego Water Reuse Coali-6 tion Regional Water Program, Coachella Valley Water 7 District WRP–10 Non-Potable Water System Expansion, 8 Pure Water Oceanside Phase 1, and the Carpinteria Ad-9 vanced Purification Project. 10 CENTRAL VALLEY PROJECT RESTORATION FUND 11 For carrying out the programs, projects, plans, habi-12 tat restoration, improvement, and acquisition provisions of 13 the Central Valley Project Improvement Act, such sums 14 as may be collected in fiscal year 2025 in the Central Val-15 ley Project Restoration Fund pursuant to sections 16 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 17 to remain available until expended: Provided, That the Bu-18 reau of Reclamation is directed to assess and collect the 19 full amount of the additional mitigation and restoration 20 payments authorized by section 3407(d) of Public Law 21 102–575: Provided further, That none of the funds made 22 available under this heading may be used for the acquisi-23 tion or leasing of water for in-stream purposes if the water 24 25 •S 4927 RS 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 26 •S 4927 RS U.S.C. 377: Provided, That no part of any other appro-1 priation in this Act shall be available for activities or func-2 tions budgeted as policy and administration expenses. 3 ADMINISTRATIVE PROVISION 4 Appropriations for the Bureau of Reclamation shall 5 be available for purchase and replacement of motor vehi-6 cles. 7 GENERAL PROVISIONS—DEPARTMENT OF THE 8 INTERIOR 9 S EC. 201. (a) None of the funds provided in title II 10 of this Act for Water and Related Resources, or provided 11 by previous or subsequent appropriations Acts to the agen-12 cies or entities funded in title II of this Act for Water 13 and Related Resources that remain available for obligation 14 or expenditure in fiscal year 2025, shall be available for 15 obligation or expenditure through a reprogramming of 16 funds that— 17 (1) initiates or creates a new program, project, 18 or activity; 19 (2) eliminates a program, project, or activity; 20 (3) increases funds for any program, project, or 21 activity for which funds have been denied or re-22 stricted by this Act, unless prior approval is received 23 from the Committees on Appropriations of both 24 Houses of Congress; 25 27 •S 4927 RS (4) restarts or resumes any program, project or 1 activity for which funds are not provided in this Act, 2 unless prior approval is received from the Commit-3 tees on Appropriations of both Houses of Congress; 4 (5) transfers funds in excess of the following 5 limits, unless prior approval is received from the 6 Committees on Appropriations of both Houses of 7 Congress: 8 (A) 15 percent for any program, project or 9 activity for which $2,000,000 or more is avail-10 able at the beginning of the fiscal year; or 11 (B) $400,000 for any program, project or 12 activity for which less than $2,000,000 is avail-13 able at the beginning of the fiscal year; 14 (6) transfers more than $500,000 from either 15 the Facilities Operation, Maintenance, and Rehabili-16 tation category or the Resources Management and 17 Development category to any program, project, or 18 activity in the other category, unless prior approval 19 is received from the Committees on Appropriations 20 of both Houses of Congress; or 21 (7) transfers, where necessary to discharge legal 22 obligations of the Bureau of Reclamation, more than 23 $5,000,000 to provide adequate funds for settled 24 contractor claims, increased contractor earnings due 25 28 •S 4927 RS to accelerated rates of operations, and real estate de-1 ficiency judgments, unless prior approval is received 2 from the Committees on Appropriations of both 3 Houses of Congress. 4 (b) Subsection (a)(5) shall not apply to any transfer 5 of funds within the Facilities Operation, Maintenance, and 6 Rehabilitation category. 7 (c) For purposes of this section, the term ‘‘transfer’’ 8 means any movement of funds into or out of a program, 9 project, or activity. 10 (d) Except as provided in subsections (a) and (b), the 11 amounts made available in this title under the heading 12 ‘‘Bureau of Reclamation—Water and Related Resources’’ 13 shall be expended for the programs, projects, and activities 14 specified in the ‘‘Committee Recommendation’’ columns in 15 the ‘‘Water and Related Resources’’ table included under 16 the heading ‘‘Title II—Department of the Interior’’ in the 17 report accompanying this Act. 18 (e) The Bureau of Reclamation shall submit reports 19 on a quarterly basis to the Committees on Appropriations 20 of both Houses of Congress detailing all the funds repro-21 grammed between programs, projects, activities, or cat-22 egories of funding. The first quarterly report shall be sub-23 mitted not later than 60 days after the date of enactment 24 of this Act. 25 29 •S 4927 RS SEC. 202. (a) None of the funds appropriated or oth-1 erwise made available by this Act may be used to deter-2 mine the final point of discharge for the interceptor drain 3 for the San Luis Unit until development by the Secretary 4 of the Interior and the State of California of a plan, which 5 shall conform to the water quality standards of the State 6 of California as approved by the Administrator of the En-7 vironmental Protection Agency, to minimize any detri-8 mental effect of the San Luis drainage waters. 9 (b) The costs of the Kesterson Reservoir Cleanup 10 Program and the costs of the San Joaquin Valley Drain-11 age Program shall be classified by the Secretary of the 12 Interior as reimbursable or nonreimbursable and collected 13 until fully repaid pursuant to the ‘‘Cleanup Program— 14 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-15 native Repayment Plan’’ described in the report entitled 16 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-17 gram and San Joaquin Valley Drainage Program, Feb-18 ruary 1995’’, prepared by the Department of the Interior, 19 Bureau of Reclamation. Any future obligations of funds 20 by the United States relating to, or providing for, drainage 21 service or drainage studies for the San Luis Unit shall 22 be fully reimbursable by San Luis Unit beneficiaries of 23 such service or studies pursuant to Federal reclamation 24 law. 25 30 •S 4927 RS SEC. 203. Title I of Public Law 108–361 (the Calfed 1 Bay-Delta Authorization Act) (118 Stat. 1681), as 2 amended, shall be applied by substituting ‘‘2025’’ for 3 ‘‘2022’’ each place it appears. 4 S EC. 204. Section 104(c) of the Reclamation States 5 Emergency Drought Relief Act of 1991 (43 U.S.C. 6 2214(c)) shall be applied by substituting ‘‘2025’’ for 7 ‘‘2022’’. 8 S EC. 205. Section 3 of Public Law 106-392 (114 9 Stat. 1603 et seq.) shall be applied by substituting ‘‘2025’’ 10 for ‘‘2024’’ in each place it appears. 11 S EC. 206. None of the funds provided in this Act or 12 any prior Act may be used for the Shasta Dam and Res-13 ervoir Enlargement Project. 14 31 •S 4927 RS TITLE III 1 DEPARTMENT OF ENERGY 2 ENERGY PROGRAMS 3 E NERGYEFFICIENCY ANDRENEWABLEENERGY 4 For Department of Energy expenses including the 5 purchase, construction, and acquisition of plant and cap-6 ital equipment, and other expenses necessary for energy 7 efficiency and renewable energy activities in carrying out 8 the purposes of the Department of Energy Organization 9 Act (42 U.S.C. 7101 et seq.), including the acquisition or 10 condemnation of any real property or any facility or for 11 plant or facility acquisition, construction, or expansion, 12 $3,440,000,000, to remain available until expended: Pro-13 vided, That of such amount, $190,000,000 shall be avail-14 able until September 30, 2026, for program direction. 15 M ANUFACTURINGANDENERGYSUPPLYCHAINS 16 For Department of Energy expenses including the 17 purchase, construction, and acquisition of plant and cap-18 ital equipment, and other expenses necessary for manufac-19 turing and energy supply chain 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 $20,000,000, to remain available until expended: Pro-25 32 •S 4927 RS vided, That of the amounts provided under this heading, 1 $1,500,000 shall be available until September 30, 2026, 2 for program direction. 3 C YBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 4 R ESPONSE 5 For Department of Energy expenses including the 6 purchase, construction, and acquisition of plant and cap-7 ital equipment, and other expenses necessary for energy 8 sector cybersecurity, energy security, and emergency re-9 sponse activities in carrying out the purposes of the De-10 partment of Energy Organization Act (42 U.S.C. 7101 et 11 seq.), including the acquisition or condemnation of any 12 real property or any facility or for plant or facility acquisi-13 tion, construction, or expansion, $200,000,000, to remain 14 available until expended: Provided, That of such amount, 15 $31,000,000 shall be available until September 30, 2026, 16 for program direction. 17 E LECTRICITY 18 For Department of Energy expenses including the 19 purchase, construction, and acquisition of plant and cap-20 ital equipment, and other expenses necessary for elec-21 tricity activities in carrying out the purposes of the De-22 partment of Energy Organization Act (42 U.S.C. 7101 et 23 seq.), including the acquisition or condemnation of any 24 real property or any facility or for plant or facility acquisi-25 33 •S 4927 RS tion, construction, or expansion, $280,000,000, to remain 1 available until expended: Provided, That of such amount, 2 $19,700,000 shall be available until September 30, 2026, 3 for program direction: Provided further, That funds made 4 available under this heading allocated for the purposes of 5 section 9 of the Small Business Act, as amended (15 6 U.S.C. 638), including for Small Business Innovation Re-7 search and Small Business Technology Transfer activities, 8 or for the purposes of section 1001 of the Energy Policy 9 Act of 2005, as amended (42 U.S.C. 16391), for Tech-10 nology Commercialization Fund activities, may be repro-11 grammed without being subject to the restrictions in sec-12 tion 301 of this Act. 13 G RIDDEPLOYMENT 14 For Department of Energy expenses including the 15 purchase, construction, and acquisition of plant and cap-16 ital equipment, and other expenses necessary for grid de-17 ployment in carrying out the purposes of the Department 18 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-19 cluding the acquisition or condemnation of any real prop-20 erty or any facility or for plant or facility acquisition, con-21 struction, or expansion, $60,000,000, to remain available 22 until expended: Provided, That of such amount, 23 $7,000,000 shall be available until September 30, 2026, 24 for program direction. 25 34 •S 4927 RS NUCLEARENERGY 1 For Department of Energy expenses including the 2 purchase, construction, and acquisition of plant and cap-3 ital equipment, and other expenses necessary for nuclear 4 energy activities in carrying out the purposes of the De-5 partment of Energy Organization Act (42 U.S.C. 7101 et 6 seq.), including the acquisition or condemnation of any 7 real property or any facility or for plant or facility acquisi-8 tion, construction, or expansion, $1,675,000,000, to re-9 main available until expended: Provided, That of such 10 amount, $97,000,000 shall be available until September 11 30, 2026, for program direction: Provided further, That 12 for the purpose of section 954(a)(6) of the Energy Policy 13 Act of 2005, as amended, the only amount available shall 14 be from the amount specified as including that purpose 15 in the ‘‘Committee Recommendation’’ column in the ‘‘De-16 partment of Energy’’ table included under the heading 17 ‘‘Title III—Department of Energy’’ in the report accom-18 panying this Act. 19 F OSSILENERGY ANDCARBONMANAGEMENT 20 For Department of Energy expenses necessary in car-21 rying out fossil energy and carbon management research 22 and development activities, under the authority of the De-23 partment of Energy Organization Act (42 U.S.C. 7101 et 24 seq.), including the acquisition of interest, including defea-25 35 •S 4927 RS sible and equitable interests in any real property or any 1 facility or for plant or facility acquisition or expansion, 2 and for conducting inquiries, technological investigations 3 and research concerning the extraction, processing, use, 4 and disposal of mineral substances without objectionable 5 social and environmental costs (30 U.S.C. 3, 1602, and 6 1603), $865,000,000, to remain available until expended: 7 Provided, That of such amount $77,000,000 shall be avail-8 able until September 30, 2026, for program direction. 9 E NERGYPROJECTS 10 For Department of Energy expenses necessary in car-11 rying out community project funding activities, under the 12 authority of the Department of Energy Organization Act 13 (42 U.S.C. 7101 et seq.), $36,037,000, to remain available 14 until expended, for projects specified in the table that ap-15 pears under the heading ‘‘Congressionally Directed Spend-16 ing for Energy Projects’’ in the report accompanying this 17 Act. 18 N AVALPETROLEUM AND OILSHALERESERVES 19 For Department of Energy expenses necessary to 20 carry out naval petroleum and oil shale reserve activities, 21 $13,010,000, to remain available until expended: Pro-22 vided, That notwithstanding any other provision of law, 23 unobligated funds remaining from prior years shall be 24 36 •S 4927 RS available for all naval petroleum and oil shale reserve ac-1 tivities. 2 S TRATEGICPETROLEUMRESERVE 3 For Department of Energy expenses necessary for 4 Strategic Petroleum Reserve facility development and op-5 erations and program management activities pursuant to 6 the Energy Policy and Conservation Act (42 U.S.C. 6201 7 et seq.), $213,390,000, to remain available until expended. 8 SPR P ETROLEUMACCOUNT 9 For the acquisition, transportation, and injection of 10 petroleum products, and for other necessary expenses pur-11 suant to the Energy Policy and Conservation Act, as 12 amended (42 U.S.C. 6201 et seq.), $100,000, to remain 13 available until expended. 14 N ORTHEASTHOMEHEATINGOILRESERVE 15 For Department of Energy expenses necessary for 16 Northeast Home Heating Oil Reserve storage, operation, 17 and management activities pursuant to the Energy Policy 18 and Conservation Act (42 U.S.C. 6201 et seq.), 19 $7,150,000, to remain available until expended. 20 E NERGYINFORMATIONADMINISTRATION 21 For Department of Energy expenses necessary in car-22 rying out the activities of the Energy Information Admin-23 istration, $135,000,000, to remain available until ex-24 pended. 25 37 •S 4927 RS NON-DEFENSEENVIRONMENTAL CLEANUP 1 For Department of Energy expenses, including the 2 purchase, construction, and acquisition of plant and cap-3 ital equipment and other expenses necessary for non-de-4 fense environmental cleanup activities in carrying out the 5 purposes of the Department of Energy Organization Act 6 (42 U.S.C. 7101 et seq.), including the acquisition or con-7 demnation of any real property or any facility or for plant 8 or facility acquisition, construction, or expansion, 9 $342,000,000, to remain available until expended: Pro-10 vided, That in addition, fees collected pursuant to sub-11 section (b)(1) of section 6939f of title 42, United States 12 Code, and deposited under this heading in fiscal year 2024 13 pursuant to section 309 of title III of division C of Public 14 Law 116–94 are appropriated, to remain available until 15 expended, for mercury storage costs. 16 U RANIUMENRICHMENTDECONTAMINATION AND 17 D ECOMMISSIONINGFUND 18 For Department of Energy expenses necessary in car-19 rying out uranium enrichment facility decontamination 20 and decommissioning, remedial actions, and other activi-21 ties of title II of the Atomic Energy Act of 1954, and 22 title X, subtitle A, of the Energy Policy Act of 1992, 23 $865,000,000, to be derived from the Uranium Enrich-24 ment Decontamination and Decommissioning Fund, to re-25 38 •S 4927 RS main available until expended, of which $5,818,000 shall 1 be available in accordance with title X, subtitle A, of the 2 Energy Policy Act of 1992. 3 S CIENCE 4 For Department of Energy expenses including the 5 purchase, construction, and acquisition of plant and cap-6 ital equipment, and other expenses necessary for science 7 activities in carrying out the purposes of the Department 8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-9 cluding the acquisition or condemnation of any real prop-10 erty or any facility or for plant or facility acquisition, con-11 struction, or expansion, and purchase of not more than 12 35 passenger motor vehicles, $8,600,000,000, to remain 13 available until expended: Provided, That of such amount, 14 $246,000,000 shall be available until September 30, 2026, 15 for program direction. 16 N UCLEARWASTEDISPOSAL 17 For Department of Energy expenses necessary for 18 nuclear waste disposal activities to carry out the purposes 19 of the Nuclear Waste Policy Act of 1982, Public Law 97– 20 425, as amended, $12,040,000, to remain available until 21 expended, which shall be derived from the Nuclear Waste 22 Fund. 23 39 •S 4927 RS TECHNOLOGYCOORDINATIONANDCOMMERCIALIZATION 1 For Department of Energy expenses necessary for 2 carrying out the activities of technology transitions, in-3 cluding section 10691 of Public Law 117–167, and the 4 coordination of Department programs, including those in-5 volving critical and emerging technologies, in carrying out 6 the purposes of the Department of Energy Organization 7 Act (42 U.S.C. 7101 et seq.), $34,500,000, to remain 8 available until September 30, 2026. 9 C LEANENERGYDEMONSTRATIONS 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 clean en-13 ergy demonstrations in carrying out the purposes of the 14 Department of Energy Organization Act (42 U.S.C. 7101 15 et seq.), including the acquisition or condemnation of any 16 real property or any facility or for plant or facility acquisi-17 tion, construction, or expansion, $125,000,000, to remain 18 available until expended: Provided, That of such amount, 19 $80,000,000 shall be available until September 30, 2026, 20 for program direction. 21 A DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 22 For Department of Energy expenses necessary in car-23 rying out the activities authorized by section 5012 of the 24 America COMPETES Act (Public Law 110–69), 25 40 •S 4927 RS $459,150,000, to remain available until expended: Pro-1 vided, That of such amount, $42,000,000 shall be avail-2 able until September 30, 2026, for program direction. 3 T ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 4 P ROGRAM 5 Such sums as are derived from amounts received 6 from borrowers pursuant to section 1702(b) of the Energy 7 Policy Act of 2005 under this heading in prior Acts, shall 8 be collected in accordance with section 502(7) of the Con-9 gressional Budget Act of 1974: Provided, That for nec-10 essary administrative expenses of the Title 17 Innovative 11 Technology Loan Guarantee Program, as authorized, 12 $55,000,000 is appropriated, to remain available until 13 September 30, 2026: Provided further, That up to 14 $55,000,000 of fees collected in fiscal year 2024 pursuant 15 to section 1702(h) of the Energy Policy Act of 2005 shall 16 be credited as offsetting collections under this heading and 17 used for necessary administrative expenses in this appro-18 priation and shall remain available until September 30, 19 2026: Provided further, That to the extent that fees col-20 lected in fiscal year 2025 exceed $55,000,000, those ex-21 cess amounts shall be credited as offsetting collections 22 under this heading and available in future fiscal years only 23 to the extent provided in advance in appropriations Acts: 24 Provided further, That the sum herein appropriated from 25 41 •S 4927 RS the general fund shall be reduced (1) as such fees are re-1 ceived during fiscal year 2024 (estimated at 2 $170,000,000) and (2) to the extent that any remaining 3 general fund appropriations can be derived from fees col-4 lected in previous fiscal years that are not otherwise ap-5 propriated, so as to result in a final fiscal year 2025 ap-6 propriation from the general fund estimated at $0: Pro-7 vided further, That the Department of Energy shall not 8 subordinate any loan obligation to other financing in viola-9 tion of section 1702 of the Energy Policy Act of 2005 or 10 subordinate any Guaranteed Obligation to any loan or 11 other debt obligations in violation of section 609.8 of title 12 10, Code of Federal Regulations. 13 A DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 14 L OANPROGRAM 15 For Department of Energy administrative expenses 16 necessary in carrying out the Advanced Technology Vehi-17 cles Manufacturing Loan Program, $20,000,000, to re-18 main available until September 30, 2026. 19 T RIBALENERGYLOANGUARANTEEPROGRAM 20 For Department of Energy administrative expenses 21 necessary in carrying out the Tribal Energy Loan Guar-22 antee Program, $6,300,000, to remain available until Sep-23 tember 30, 2026. 24 42 •S 4927 RS INDIANENERGYPOLICY ANDPROGRAMS 1 For necessary expenses for Indian Energy activities 2 in carrying out the purposes of the Department of Energy 3 Organization Act (42 U.S.C. 7101 et seq.), $70,000,000, 4 to remain available until expended: Provided, That of the 5 amount appropriated under this heading, $14,000,000 6 shall be available until September 30, 2026, for program 7 direction. 8 D EPARTMENTAL ADMINISTRATION 9 For salaries and expenses of the Department of En-10 ergy necessary for departmental administration in car-11 rying out the purposes of the Department of Energy Orga-12 nization Act (42 U.S.C. 7101 et seq.), $391,000,000, to 13 remain available until September 30, 2026, including the 14 hire of passenger motor vehicles and official reception and 15 representation expenses not to exceed $30,000, plus such 16 additional amounts as necessary to cover increases in the 17 estimated amount of cost of work for others notwith-18 standing the provisions of the Anti-Deficiency Act (31 19 U.S.C. 1511 et seq.): Provided, That such increases in cost 20 of work are offset by revenue increases of the same or 21 greater amount: Provided further, That moneys received 22 by the Department for miscellaneous revenues estimated 23 to total $100,578,000 in fiscal year 2025 may be retained 24 and used for operating expenses within this account, as 25 43 •S 4927 RS authorized by section 201 of Public Law 95–238, notwith-1 standing the provisions of 31 U.S.C. 3302: Provided fur-2 ther, That the sum herein appropriated shall be reduced 3 as collections are received during the fiscal year so as to 4 result in a final fiscal year 2025 appropriation from the 5 general fund estimated at not more than $290,422,000. 6 O FFICE OF THEINSPECTORGENERAL 7 For expenses necessary for the Office of the Inspector 8 General in carrying out the provisions of the Inspector 9 General Act of 1978, $86,000,000, to remain available 10 until September 30, 2026. 11 ATOMIC ENERGY DEFENSE ACTIVITIES 12 NATIONAL NUCLEAR SECURITY 13 ADMINISTRATION 14 W EAPONSACTIVITIES 15 For Department of Energy expenses, including the 16 purchase, construction, and acquisition of plant and cap-17 ital equipment and other incidental expenses necessary for 18 atomic energy defense weapons activities in carrying out 19 the purposes of the Department of Energy Organization 20 Act (42 U.S.C. 7101 et seq.), including the acquisition or 21 condemnation of any real property or any facility or for 22 plant or facility acquisition, construction, or expansion, 23 and the purchase of one electric bus, $19,930,000,000, to 24 remain available until expended: Provided, That of such 25 44 •S 4927 RS amount, $135,264,000 shall be available until September 1 30, 2026, for program direction. 2 D EFENSENUCLEARNONPROLIFERATION 3 For Department of Energy expenses, including the 4 purchase, construction, and acquisition of plant and cap-5 ital equipment and other incidental expenses necessary for 6 defense nuclear nonproliferation activities, in carrying out 7 the purposes of the Department of Energy Organization 8 Act (42 U.S.C. 7101 et seq.), including the acquisition or 9 condemnation of any real property or any facility or for 10 plant or facility acquisition, construction, or expansion, 11 $2,630,000,000, to remain available until expended. 12 N AVALREACTORS 13 For Department of Energy expenses necessary for 14 naval reactors activities to carry out the Department of 15 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-16 ing the acquisition (by purchase, condemnation, construc-17 tion, or otherwise) of real property, plant, and capital 18 equipment, facilities, and facility expansion, 19 $2,077,000,000, to remain available until expended: Pro-20 vided, That of such amount, $62,848,000 shall be avail-21 able until September 30, 2026, for program direction. 22 F EDERALSALARIES ANDEXPENSES 23 For expenses necessary for Federal Salaries and Ex-24 penses in the National Nuclear Security Administration, 25 45 •S 4927 RS $564,000,000, to remain available until September 30, 1 2026, including official reception and representation ex-2 penses not to exceed $17,000. 3 ENVIRONMENTAL AND OTHER DEFENSE 4 ACTIVITIES 5 D EFENSEENVIRONMENTAL CLEANUP 6 For Department of Energy expenses, including the 7 purchase, construction, and acquisition of plant and cap-8 ital equipment and other expenses necessary for atomic 9 energy defense environmental cleanup activities in car-10 rying out the purposes of the Department of Energy Orga-11 nization Act (42 U.S.C. 7101 et seq.), including the acqui-12 sition or condemnation of any real property or any facility 13 or for plant or facility acquisition, construction, or expan-14 sion, $7,550,000,000, to remain available until expended: 15 Provided, That of such amount, $355,000,000 shall be 16 available until September 30, 2026, for program direction. 17 D EFENSEURANIUMENRICHMENTDECONTAMINATION 18 ANDDECOMMISSIONING 19 (INCLUDING TRANSFER OF FUNDS) 20 For an additional amount for atomic energy defense 21 environmental cleanup activities for Department of En-22 ergy contributions for uranium enrichment decontamina-23 tion and decommissioning activities, $577,000,000, to be 24 deposited into the Defense Environmental Cleanup ac-25 46 •S 4927 RS count, which shall be transferred to the ‘‘Uranium Enrich-1 ment Decontamination and Decommissioning Fund’’. 2 O THERDEFENSEACTIVITIES 3 For Department of Energy expenses, including the 4 purchase, construction, and acquisition of plant and cap-5 ital equipment and other expenses, necessary for atomic 6 energy defense, other defense activities, and classified ac-7 tivities, in carrying out the purposes of the Department 8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-9 cluding the acquisition or condemnation of any real prop-10 erty or any facility or for plant or facility acquisition, con-11 struction, or expansion, $1,188,000,000, to remain avail-12 able until expended: Provided, That of such amount, 13 $396,804,000 shall be available until September 30, 2026, 14 for program direction. 15 POWER MARKETING ADMINISTRATIONS 16 B ONNEVILLEPOWERADMINISTRATIONFUND 17 Expenditures from the Bonneville Power Administra-18 tion Fund, established pursuant to Public Law 93–454, 19 are approved for official reception and representation ex-20 penses in an amount not to exceed $5,000: Provided, That 21 during fiscal year 2025, no new direct loan obligations 22 may be made. 23 47 •S 4927 RS OPERATION ANDMAINTENANCE, SOUTHEASTERN POWER 1 A DMINISTRATION 2 For expenses necessary for operation and mainte-3 nance of power transmission facilities and for marketing 4 electric power and energy, including transmission wheeling 5 and ancillary services, pursuant to section 5 of the Flood 6 Control Act of 1944 (16 U.S.C. 825s), as applied to the 7 southeastern power area, $9,127,000, including official re-8 ception and representation expenses in an amount not to 9 exceed $1,500, to remain available until expended: Pro-10 vided, That notwithstanding 31 U.S.C. 3302 and section 11 5 of the Flood Control Act of 1944, up to $9,127,000 col-12 lected by the Southeastern Power Administration from the 13 sale of power and related services shall be credited to this 14 account as discretionary offsetting collections, to remain 15 available until expended for the sole purpose of funding 16 the annual expenses of the Southeastern Power Adminis-17 tration: Provided further, That the sum herein appro-18 priated for annual expenses shall be reduced as collections 19 are received during the fiscal year so as to result in a final 20 fiscal year 2025 appropriation estimated at not more than 21 $0: Provided further, That notwithstanding 31 U.S.C. 22 3302, up to $75,778,000 collected by the Southeastern 23 Power Administration pursuant to the Flood Control Act 24 of 1944 to recover purchase power and wheeling expenses 25 48 •S 4927 RS shall be credited to this account as offsetting collections, 1 to remain available until expended for the sole purpose 2 of making purchase power and wheeling expenditures: 3 Provided further, That for purposes of this appropriation, 4 annual expenses means expenditures that are generally re-5 covered in the same year that they are incurred (excluding 6 purchase power and wheeling expenses). 7 O PERATION ANDMAINTENANCE, SOUTHWESTERN 8 P OWERADMINISTRATION 9 For expenses necessary for operation and mainte-10 nance of power transmission facilities and for marketing 11 electric power and energy, for construction and acquisition 12 of transmission lines, substations and appurtenant facili-13 ties, and for administrative expenses, including official re-14 ception and representation expenses in an amount not to 15 exceed $1,500 in carrying out section 5 of the Flood Con-16 trol Act of 1944 (16 U.S.C. 825s), as applied to the 17 Southwestern Power Administration, $55,070,000, to re-18 main available until expended: Provided, That notwith-19 standing 31 U.S.C. 3302 and section 5 of the Flood Con-20 trol Act of 1944 (16 U.S.C. 825s), up to $43,630,000 col-21 lected by the Southwestern Power Administration from 22 the sale of power and related services shall be credited to 23 this account as discretionary offsetting collections, to re-24 main available until expended, for the sole purpose of 25 49 •S 4927 RS funding the annual expenses of the Southwestern Power 1 Administration: Provided further, That the sum herein ap-2 propriated for annual expenses shall be reduced as collec-3 tions are received during the fiscal year so as to result 4 in a final fiscal year 2025 appropriation estimated at not 5 more than $11,440,000: Provided further, That notwith-6 standing 31 U.S.C. 3302, up to $80,000,000 collected by 7 the Southwestern Power Administration pursuant to the 8 Flood Control Act of 1944 to recover purchase power and 9 wheeling expenses shall be credited to this account as off-10 setting collections, to remain available until expended for 11 the sole purpose of making purchase power and wheeling 12 expenditures: Provided further, That for purposes of this 13 appropriation, annual expenses means expenditures that 14 are generally recovered in the same year that they are in-15 curred (excluding purchase power and wheeling expenses). 16 C ONSTRUCTION, REHABILITATION, OPERATION AND 17 M AINTENANCE, WESTERNAREAPOWERADMINIS-18 TRATION 19 (INCLUDING RESCISSIONS OF FUNDS) 20 For carrying out the functions authorized by title III, 21 section 302(a)(1)(E) of the Act of August 4, 1977 (42 22 U.S.C. 7152), and other related activities including con-23 servation and renewable resources programs as author-24 ized, $341,983,000, including official reception and rep-25 50 •S 4927 RS resentation expenses in an amount not to exceed $1,500, 1 to remain available until expended, of which $340,983,000 2 shall be derived from the Department of the Interior Rec-3 lamation Fund: Provided, That notwithstanding 31 U.S.C. 4 3302, section 5 of the Flood Control Act of 1944 (16 5 U.S.C. 825s), and section 1 of the Interior Department 6 Appropriation Act, 1939 (43 U.S.C. 392a), up to 7 $241,111,000 collected by the Western Area Power Ad-8 ministration from the sale of power and related services 9 shall be credited to this account as discretionary offsetting 10 collections, to remain available until expended, for the sole 11 purpose of funding the annual expenses of the Western 12 Area Power Administration: Provided further, That the 13 sum herein appropriated for annual expenses shall be re-14 duced as collections are received during the fiscal year so 15 as to result in a final fiscal year 2025 appropriation esti-16 mated at not more than $100,872,000, of which 17 $99,872,000 is derived from the Reclamation Fund: Pro-18 vided further, That notwithstanding 31 U.S.C. 3302, up 19 to $525,000,000 collected by the Western Area Power Ad-20 ministration pursuant to the Flood Control Act of 1944 21 and the Reclamation Project Act of 1939 to recover pur-22 chase power and wheeling expenses shall be credited to 23 this account as offsetting collections, to remain available 24 until expended for the sole purpose of making purchase 25 51 •S 4927 RS power and wheeling expenditures: Provided further, That 1 for purposes of this appropriation, annual expenses means 2 expenditures that are generally recovered in the same year 3 that they are incurred (excluding purchase power and 4 wheeling expenses): Provided further, That of the amounts 5 made available under this heading, $1,000,000 shall be 6 for supporting the administrative activities authorized in 7 section 301 of the Hoover Power Plant Act of 1984 (Pub-8 lic Law 98–381), as amended, in addition to any other 9 appropriated amounts available for such purposes: Pro-10 vided further, That the amounts described in the preceding 11 proviso shall be non-reimbursable: Provided further, That 12 the remaining unobligated balances from amounts de-13 scribed in the fifth proviso under this heading in the En-14 ergy and Water Development and Related Agencies Ap-15 propriations Act, 2010 (Public Law 111–85) are hereby 16 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 52 •S 4927 RS 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 53 •S 4927 RS 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 54 •S 4927 RS 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 55 •S 4927 RS (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 56 •S 4927 RS 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 ‘‘Committee Recommendation’’ col-21 umn in the ‘‘Department of Energy’’ table included under 22 the heading ‘‘Title III—Department of Energy’’ in the re-23 port accompanying this Act. 24 57 •S 4927 RS (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 58 •S 4927 RS 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. Of the unobligated balances from prior 24 year appropriations made available to the Department of 25 59 •S 4927 RS Energy under the heading ‘‘Atomic Energy Defense Ac-1 tivities—National Nuclear Security Administration—De-2 fense Nuclear Nonproliferation’’, $67,000,000 are hereby 3 permanently rescinded: Provided, That no amounts may 4 be rescinded from amounts that were previously des-5 ignated by the Congress as an emergency requirement 6 pursuant to a concurrent resolution on the budget or the 7 Balanced Budget and Emergency Deficit Control Act of 8 1985. 9 S EC. 304. None of the funds made available in this 10 title shall be used for the construction of facilities classi-11 fied as high-hazard nuclear facilities under 10 CFR Part 12 830 unless independent oversight is conducted by the Of-13 fice of Enterprise Assessments to ensure the project is in 14 compliance with nuclear safety requirements. 15 S EC. 305. None of the funds made available in this 16 title may be used to approve critical decision-2 or critical 17 decision-3 under Department of Energy Order 413.3B, or 18 any successive departmental guidance, for construction 19 projects where the total project cost exceeds 20 $100,000,000, until a separate independent cost estimate 21 has been developed for the project for that critical deci-22 sion. 23 S EC. 306. None of the funds made available in this 24 title may be used to support a grant allocation award, dis-25 60 •S 4927 RS cretionary grant award, research and demonstration or co-1 operative agreement that exceeds $100,000,000 in Federal 2 funding unless the award, demonstration, or agreement is 3 carried out through internal independent project manage-4 ment procedures. 5 S EC. 307. No funds shall be transferred directly from 6 ‘‘Department of Energy—Power Marketing Administra-7 tion—Colorado River Basins Power Marketing Fund, 8 Western Area Power Administration’’ to the general fund 9 of the Treasury in the current fiscal year. 10 S EC. 308. Section 311 (a)(2) of division D of the 11 Consolidated Appropriations Act, 2024 (Public Law 118– 12 42) is amended by striking ‘‘Generation 3+’’ and insert-13 ing ‘‘advanced’’. 14 S EC. 309. Section 50142(b) of Public Law 117–169 15 is amended by striking ‘‘$25,000,000’’ and inserting 16 ‘‘$100,000,000’’. 17 S EC. 310. Of the amounts previously appropriated 18 under the heading ‘‘Department of Energy—Energy Pro-19 grams—Nuclear Energy’’ in division J of the Infrastruc-20 ture Investment and Jobs Act (Public Law 117–58), up 21 to $400,000,000 that are made available for fiscal year 22 2025 and up to $400,000,000 that are made available for 23 fiscal year 2026, shall be available, in addition to amounts 24 otherwise available, for any of the following purposes— 25 61 •S 4927 RS (1) the two advanced reactor demonstrations 1 from the Advanced Reactor Demonstration Program, 2 as authorized under section 959A of the Energy Pol-3 icy Act of 2005 (42 U.S.C. 16279a); 4 (2) the two competitive awards for commercial 5 utility deployment projects, as authorized under sec-6 tion 959A of the Energy Policy Act of 2005 (42 7 U.S.C. 16279a), and as referenced in section 8 311(1)(A) of division D of the Consolidated Appro-9 priations Act, 2024 (Public Law 118–42), as amend-10 ed by this Act; 11 (3) Risk Reduction for Future Generations, as 12 described under the heading Advanced Reactor 13 Demonstration Program in the explanatory state-14 ment accompanying division C of the Further Con-15 solidated Appropriations Act, 2020 (Public Law 16 116–94); 17 (4) Advanced Nuclear Fuel Availability Pro-18 gram; or 19 (5) to carry out activities under the Civil Nu-20 clear Credit Program, as authorized under section 21 40323 of Public Law 117–58: 22 Provided, That amounts repurposed pursuant to this sec-23 tion shall continue to be treated as amounts specified in 24 section 103(b) of division A of Public Law 118–5. 25 62 •S 4927 RS SEC. 311. Of the amounts previously appropriated 1 under the heading ‘‘Department of Energy—Energy Pro-2 grams—Electricity’’ in division J of the Infrastructure In-3 vestment and Jobs Act (Public Law 117–58), up to 4 $300,000,000 that are made available for fiscal year 2025 5 and up to $300,000,000 that are made available for fiscal 6 year 2026, shall be available, in addition to amounts oth-7 erwise made available for such purposes, for financial as-8 sistance, procurement, technical assistance, and workforce 9 support, to enhance the domestic supply chain for the 10 manufacture of distribution and power transformers, com-11 ponents, and electric grid components: Provided, That 12 such amounts may be used to supplement amounts pre-13 viously appropriated under the heading ‘‘Department of 14 Energy—Energy Programs—Electricity’’ in division J of 15 the Infrastructure Investment and Jobs Act (Public Law 16 117–58) for electricity activities authorized in sections 17 40101, 40106(d)(3), 40107, and 40125(d) of such Act in 18 an amount not to exceed 15 percent of the amount appro-19 priated under such heading for each such purpose in such 20 fiscal year and no additional funds may be used to deploy 21 generation: Provided further, That any amount repurposed 22 pursuant to this section shall retain its original period of 23 availability: Provided further, That amounts repurposed 24 pursuant to this section shall continue to be treated as 25 63 •S 4927 RS amounts specified in section 103(b) of division A of Public 1 Law 118–5. 2 S EC. 312. (a) DEFINITIONS.—In this section: 3 (1) A FFECTED INDIAN TRIBE .—The term ‘‘af-4 fected Indian tribe’’ has the meaning given the term 5 in section 2 of the Nuclear Waste Policy Act of 1982 6 (42 U.S.C. 10101). 7 (2) H IGH-LEVEL RADIOACTIVE WASTE .—The 8 term ‘‘high-level radioactive waste’’ has the meaning 9 given the term in section 2 of the Nuclear Waste 10 Policy Act of 1982 (42 U.S.C. 10101). 11 (3) N UCLEAR WASTE FUND .—The term ‘‘Nu-12 clear Waste Fund’’ means the Nuclear Waste Fund 13 established under section 302(c) of the Nuclear 14 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 15 (4) S ECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Energy. 17 (5) S PENT NUCLEAR FUEL .—The term ‘‘spent 18 nuclear fuel’’ has the meaning given the term in sec-19 tion 2 of the Nuclear Waste Policy Act of 1982 (42 20 U.S.C. 10101). 21 (b) P ROGRAM.—Notwithstanding any provision of the 22 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 23 seq.), the Secretary is authorized, in the current fiscal 24 year and subsequent fiscal years, to conduct a program 25 64 •S 4927 RS to license, construct, and operate one or more Federal con-1 solidated storage facilities, using a consent-based siting 2 process, to provide interim storage as needed for spent nu-3 clear fuel and high-level radioactive waste, with priority 4 for storage given to spent nuclear fuel located on sites 5 without an operating nuclear reactor. 6 (c) R EQUESTS FOR PROPOSALS.—The Secretary 7 shall issue a request for proposals— 8 (1) to obtain any license necessary from the 9 Nuclear Regulatory Commission for the construction 10 of one or more Federal consolidated storage facili-11 ties; 12 (2) to demonstrate the safe transportation of 13 spent nuclear fuel and high-level radioactive waste, 14 as applicable; and 15 (3) to demonstrate the safe storage of spent nu-16 clear fuel and high-level radioactive waste, as appli-17 cable, at the one or more consolidated storage facili-18 ties pending the construction and operation of deep 19 geologic disposal capacity for the permanent disposal 20 of the spent nuclear fuel. 21 (d) C ONSENT-BASEDAPPROVAL.—Prior to siting a 22 Federal consolidated storage facility pursuant to this sec-23 tion, the Secretary shall enter into an agreement to host 24 65 •S 4927 RS the Federal facility using a consent-based siting process 1 with— 2 (1) the Governor of the State; 3 (2) each unit of local government within the ju-4 risdiction of which the facility is proposed to be lo-5 cated; 6 (3) each affected Indian tribe; and 7 (4) other entities as identified and determined 8 by the Secretary through the development of the 9 consent-based siting process. 10 (e) A PPLICABILITY.—In executing this section, the 11 Secretary shall comply with— 12 (1) all licensing requirements and regulations of 13 the Nuclear Regulatory Commission; and 14 (2) all other applicable laws (including regula-15 tions). 16 (f) P ROGRAMPLAN.—The Secretary shall submit to 17 Congress a plan to carry out this section that includes— 18 (1) an estimate of the cost of licensing, con-19 structing, and operating a consolidated storage facil-20 ity, including the transportation costs, on an annual 21 basis, over the expected lifetime of the facility; 22 (2) a schedule for— 23 66 •S 4927 RS (A) obtaining any license necessary to con-1 struct and operate a consolidated storage facil-2 ity from the Nuclear Regulatory Commission; 3 (B) constructing the facility; 4 (C) transporting spent fuel to the facility; 5 and 6 (D) removing the spent fuel and decom-7 missioning the facility; 8 (3) an estimate of the cost of any financial as-9 sistance, compensation, or incentives proposed to be 10 paid to the host State, Indian tribe, or local govern-11 ment; 12 (4) an estimate of any future reductions in the 13 damages expected to be paid by the United States 14 for the delay of the Department of Energy in accept-15 ing spent fuel expected to result from the program; 16 (5) recommendations for any additional legisla-17 tion needed to authorize and implement the pro-18 gram; and 19 (6) recommendations for a mechanism to en-20 sure that any spent nuclear fuel or high-level radio-21 active waste stored at a consolidated storage facility 22 pursuant to this section shall move to deep geologic 23 disposal capacity, following a consent-based approval 24 process for that deep geologic disposal capacity con-25 67 •S 4927 RS sistent with subsection (d), within a reasonable time 1 after the issuance of a license to construct and oper-2 ate the consolidated storage facility. 3 (g) P UBLICPARTICIPATION.—Prior to choosing a 4 site for the construction of a consolidated storage facility 5 under this section, the Secretary shall conduct one or more 6 public hearings in the vicinity of each potential site and 7 in at least one other location within the State in which 8 the site is located to solicit public comments and rec-9 ommendations. 10 (h) U SE OFNUCLEARWASTEFUND.—The Secretary 11 may make expenditures from the Nuclear Waste Fund to 12 carry out this section, subject to appropriations. 13 S EC. 313. Funds made available in this title under 14 the headings ‘‘Energy Efficiency and Renewable Energy’’, 15 ‘‘Fossil Energy and Carbon Management’’, ‘‘Cybersecu-16 rity, Energy Security, and Emergency Response’’, ‘‘Clean 17 Energy Demonstrations’’, ‘‘Manufacturing and Energy 18 Supply Chains’’, and ‘‘Science’’ that are allocated for the 19 purposes of section 9 of the Small Business Act, as 20 amended (15 U.S.C. 638), including for Small Business 21 Innovation Research and Small Business Technology 22 Transfer activities, or for the purposes of section 1001 of 23 the Energy Policy Act of 2005, as amended (42 U.S.C. 24 16391), for Technology Commercialization Fund activi-25 68 •S 4927 RS ties, may be reprogrammed within each account without 1 being subject to the restrictions in section 301 of this title: 2 Provided, That the administration and selection of awards 3 pursuant to such sections will be in coordination with the 4 offices that oversee the appropriations accounts to which 5 the relevant funding was originally appropriated. 6 S EC. 314. Section 15(g)(3) of Public Law 85–536 7 (15 U.S.C. 644(g)(3)) is further amended by inserting 8 ‘‘and by site support prime contractors at the National 9 Energy Technology Laboratory’’ following ‘‘Department 10 of Energy’’. 11 69 •S 4927 RS TITLE IV 1 INDEPENDENT AGENCIES 2 A PPALACHIANREGIONALCOMMISSION 3 For expenses necessary to carry out the programs au-4 thorized by the Appalachian Regional Development Act of 5 1965, as amended, and for expenses necessary for the 6 Federal Co-Chairman and the Alternate on the Appa-7 lachian Regional Commission, for payment of the Federal 8 share of the administrative expenses of the Commission, 9 including services as authorized by 5 U.S.C. 3109, and 10 hire of passenger motor vehicles, $200,000,000, to remain 11 available until expended. 12 D EFENSENUCLEARFACILITIESSAFETYBOARD 13 SALARIES AND EXPENSES 14 For expenses necessary for the Defense Nuclear Fa-15 cilities Safety Board in carrying out activities authorized 16 by the Atomic Energy Act of 1954, as amended by Public 17 Law 100–456, section 1441, $47,000,000, to remain 18 available until September 30, 2026, of which not to exceed 19 $1,000 shall be available for official reception and rep-20 resentation expenses. 21 D ELTAREGIONALAUTHORITY 22 SALARIES AND EXPENSES 23 For expenses necessary for the Delta Regional Au-24 thority and to carry out its activities, as authorized by 25 70 •S 4927 RS the Delta Regional Authority Act of 2000, notwith-1 standing sections 382F(d), 382M, and 382N of said Act, 2 $32,500,000, to remain available until expended. 3 D ENALICOMMISSION 4 For expenses necessary for the Denali Commission 5 including the purchase, construction, and acquisition of 6 plant and capital equipment as necessary and other ex-7 penses, $18,500,000, to remain available until expended, 8 notwithstanding the limitations contained in section 9 306(g) of the Denali Commission Act of 1998: Provided, 10 That funds shall be available for construction projects for 11 which the Denali Commission is the sole or primary fund-12 ing source in an amount not to exceed 90 percent of total 13 project cost for distressed communities, as defined by such 14 section and by section 701 of appendix D, title VII, Public 15 Law 106–113 (113 Stat. 1501A–280), and for Indian 16 Tribes, as defined by section 5304(e) of title 25, United 17 States Code, and in an amount not to exceed 50 percent 18 for non-distressed communities: Provided further, That 19 notwithstanding any other provision of law regarding pay-20 ment of a non-Federal share in connection with a grant- 21 in-aid program, amounts under this heading shall be avail-22 able for the payment of such a non-Federal share for any 23 project for which the Denali Commission is not the sole 24 71 •S 4927 RS or primary funding source, provided that such project is 1 consistent with the purposes of the Commission. 2 N ORTHERNBORDERREGIONALCOMMISSION 3 For expenses necessary for the Northern Border Re-4 gional Commission in carrying out activities authorized by 5 subtitle V of title 40, United States Code, $46,000,000, 6 to remain available until expended: Provided, That such 7 amounts shall be available for administrative expenses, 8 notwithstanding section 15751(b) of title 40, United 9 States Code. 10 S OUTHEASTCRESCENTREGIONALCOMMISSION 11 For expenses necessary for the Southeast Crescent 12 Regional Commission in carrying out activities authorized 13 by subtitle V of title 40, United States Code, $21,000,000, 14 to remain available until expended. 15 S OUTHWESTBORDERREGIONALCOMMISSION 16 For expenses necessary for the Southwest Border Re-17 gional Commission in carrying out activities authorized by 18 subtitle V of title 40, United States Code, $14,000,000, 19 to remain available until expended. 20 G REATLAKESAUTHORITY 21 For expenses necessary for the Great Lakes Author-22 ity in carrying out activities authorized by subtitle V of 23 title 40, United States Code, $5,000,000, to remain avail-24 able until expended. 25 72 •S 4927 RS 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 $942,558,200, 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 $134,886,000. 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, $15,769,000, to remain available 25 73 •S 4927 RS until September 30, 2026: Provided, That revenues from 1 licensing fees, inspection services, and other services and 2 collections estimated at $12,655,000 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 $3,114,000: 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 74 •S 4927 RS 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 75 •S 4927 RS 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 76 •S 4927 RS 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 77 •S 4927 RS 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 78 •S 4927 RS criminal investigations, prosecution, or adjudication activi-1 ties. 2 S EC. 504. None of the funds made available by this 3 Act may be used in contravention of Executive Order No. 4 12898 of February 11, 1994 (Federal Actions to Address 5 Environmental Justice in Minority Populations and Low- 6 Income Populations). 7 S EC. 505. Funds made available in this Act shall be 8 allocated solely in accordance with the provisions of this 9 Act and the report accompanying this Act. 10 This Act may be cited as the ‘‘Energy and Water De-11 velopment and Related Agencies Appropriations Act, 12 2025’’. 13 Calendar No. 469 118 TH CONGRESS 2 D S ESSION S. 4927 [Report No. 118–205] 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. A UGUST 1, 2024 Read twice and placed on the calendar