[House Report 116-449]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-449
======================================================================
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL,
2021
_______
July 15, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Kaptur, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7613]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for energy and water development for the fiscal
year ending September 30, 2021, and for other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Introduction...............................................
6
I. Department of Defense--Civil:
Corps of Engineers--Civil.......................... 2
11
Investigations............................. 2
19
Construction............................... 3
28
Mississippi River and Tributaries.......... 4
37
Operation and Maintenance.................. 4
40
Regulatory Program......................... 6
70
Formerly Utilized Sites Remedial Action
Program................................ 6
71
Flood Control and Coastal Emergencies...... 6
72
Expenses................................... 6
73
Office of the Assistant Secretary of the
Army (Civil Works)..................... 7
73
General Provisions................................. 8
74
II. Department of the Interior:
Central Utah Project............................... 13
75
Central Utah Project Completion Account.... 13
75
Bureau of Reclamation:
Water and Related Resources................ 14
76
Central Valley Project Restoration Fund.... 16
86
California Bay-Delta Restoration........... 16
87
Policy and Administration.................. 17
87
General Provisions................................. 18
88
III. Department of Energy:
Introduction.......................................
88
Committee Recommendations..........................
88
Energy Programs:
Energy Efficiency and Renewable Energy..... 25
97
Cybersecurity, Energy Security, and
Emergency Response..................... 26
110
Electricity................................ 27
111
Nuclear Energy............................. 27
113
Fossil Energy Research and Development..... 28
116
Naval Petroleum and Oil Shale Reserves..... 28
120
Strategic Petroleum Reserve................ 29
120
SPR Petroleum Account...................... 29
121
Northeast Home Heating Oil Reserve......... 29
121
Energy Information Administration.......... 30
121
Non-Defense Environmental Cleanup.......... 30
122
Uranium Enrichment Decontamination and
Decommissioning Fund................... 31
123
Science.................................... 31
123
Nuclear Waste Disposal..................... 32
130
Advanced Research Projects Agency--Energy.. 32
131
Title 17 Innovative Technology Loan
Guarantee Program...................... 32
131
Advanced Technology Vehicles Manufacturing
Loan Program........................... 34
132
Tribal Energy Loan Guarantee Program....... 34
132
Office of Indian Energy Policy and Programs 34
133
Departmental Administration................ 34
133
Office of the Inspector General............ 35
136
Atomic Energy Defense Activities:
National Nuclear Security Administration:
Weapons Activities......................... 36
137
Defense Nuclear Nonproliferation........... 36
142
Naval Reactors............................. 37
144
Federal Salaries and Expenses.............. 37
145
Environmental and Other Defense Activities:
Defense Environmental Cleanup.............. 38
146
Defense Uranium Enrichment Decontamination
and Decommissioning.................... 38
147
Other Defense Activities................... 39
148
Power Marketing Administrations:
Bonneville Power Administration............ 39
149
Southeastern Power Administration.......... 40
150
Southwestern Power Administration.......... 41
150
Western Area Power Administration.......... 42
150
Falcon and Amistad Operating and
Maintenance Fund....................... 44
150
Federal Energy Regulatory Commission............... 45
151
Committee Recommendation...........................
151
General Provisions................................. 46
194
IV. Independent Agencies:
Appalachian Regional Commission.................... 54
194
Defense Nuclear Facilities Safety Board............ 55
195
Delta Regional Authority........................... 55
196
Denali Commission.................................. 55
197
Northern Border Regional Commission................ 56
197
Southeast Crescent Regional Commission............. 57
198
Southwest Border Regional Commission............... 57
198
Nuclear Regulatory Commission...................... 57
199
Nuclear Waste Technical Review Board............... 59
202
General Provisions................................. 60
202
V. General Provisions:
VI. Additional Infrastructure Investments: 203
House of Representatives Report Requirements...............
205
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are
contained in the Budget of the United States Government, Fiscal
Year 2021. The following table summarizes appropriations for
fiscal year 2020, the budget estimates, and amounts recommended
in the bill for fiscal year 2021.
INTRODUCTION
The Energy and Water Development and Related Agencies
Appropriations bill for fiscal year 2021 totals
$49,607,300,000, $1,264,300,000 above the amount appropriated
in fiscal year 2020 and $6,423,959,000 above the budget
request. Total defense funding is $26,501,300,000,
$2,251,300,000 above the amount appropriated in fiscal year
2020 and $525,329,000 above the budget request. Total non-
defense funding is $23,106,000,000, $987,000,000 below the
amount appropriated in fiscal year 2020 and $5,898,630,000
above the budget request.
Title I of the bill provides $7,628,855,000 for the Civil
Works programs of the U.S. Army Corps of Engineers, $21,145,000
below fiscal year 2020 and $1,662,669,000 above the budget
request. Total funding for activities eligible for
reimbursement from the Harbor Maintenance Trust Fund is
estimated at $1,680,000,000, which is an increase of
$50,000,000 above fiscal year 2020 and $665,000,000 above the
budget request, and represents 92 percent of estimated revenues
compared to the fiscal year 2021 target of 83 percent.
Title II provides $1,655,875,000 for the Department of the
Interior and the Bureau of Reclamation, $24,125,000 below
fiscal year 2020 and $518,000,000 above the budget request. The
Committee recommends $1,635,875,000 for the Bureau of
Reclamation, $24,125,000 below fiscal year 2020 and
$508,000,000 above the budget request. The Committee recommends
$20,000,000 for the Central Utah Project, the same as fiscal
year 2020 and $10,000,000 above the budget request.
Title III provides $40,865,178,000 for the Department of
Energy, $2,278,862,000 above fiscal year 2020 and
$5,136,109,000 above the budget request. Funding for the
National Nuclear Security Administration (NNSA), which includes
Weapons Activities, Defense Nuclear Nonproliferation, Naval
Reactors, and Federal Salaries and Expenses, is
$18,037,617,000, $1,333,025,000 above fiscal year 2020 and
$1,733,383,000 below the budget request.
Funding for energy programs within the Department of
Energy, which includes basic science research and the applied
energy programs, is $14,642,678,000, $9,055,000 above fiscal
year 2020 and $4,822,944,000 above the budget request. The
Committee recommends $7,050,000,000 for the Office of Science,
$2,848,000,000 for Energy Efficiency and Renewable Energy,
$1,435,800,000 for Nuclear Energy, $727,500,000 for Fossil
Energy, and $435,000,000 for the Advanced Research Projects
Agency--Energy.
Environmental Management activities--Non-defense
Environmental Cleanup, Uranium Enrichment Decontamination and
Decommissioning, and Defense Environmental Cleanup--are funded
at $7,457,583,000, $2,383,000 above fiscal year 2020 and
$1,391,911,000 above the budget request.
The net amount appropriated for the Power Marketing
Administrations is provided at the requested levels.
Title IV provides $388,850,000 for several Independent
Agencies, $18,496,000 below fiscal year 2020 and $55,764,000
above the budget request. Net funding for the Nuclear
Regulatory Commission is $123,000,000, $4,496,000 below fiscal
year 2020 and equal to the budget request.
Title VI provides an additional $43,500,000,000 in
emergency spending to support the economic recovery from the
coronavirus pandemic. Additional infrastructure investments
include $17,000,000,000 for the Civil Works program of the U.S.
Army Corps of Engineers, $3,000,000,000 for the Department of
the Interior and the Bureau of Reclamation, and $23,500,000,000
for the Department of Energy.
Overview of the Recommendation
The Committee recommendation prioritizes the most critical
inherently federal responsibilities of this bill: the national
defense; energy innovation to increase economic prosperity
while providing additional solutions for mitigating and
adapting to climate change; investing in infrastructure,
including the maintenance of the nation's waterways; and the
resilience and security of electricity infrastructure. Strong
support is included for basic science programs, which provide
the foundation for new energy technologies that are vital to
maintaining global competitiveness and ensuring long-term
prosperity but that are often too high-risk to receive the
attention of the private sector. The recommendation provides
strong support and increased parity for applied energy research
and development activities to improve and extend the
performance of existing energy sources and accelerate the
adoption of new technologies. The recommendation also
recognizes the importance of the federal government's
responsibility to clean up the legacy of five decades of
nuclear weapons production and government-sponsored nuclear
energy research, and the recommendation takes steps forward to
address spent nuclear fuel.
National Energy Policy
The Department of Energy and its national laboratory system
have helped to lay the foundation for the technological
advances driving the energy market today. Production
breakthroughs for every energy generation source can trace
their origins back to research and development supported by the
Department. With the increased urgency to address climate
change and as the energy market continues to transition to
cleaner technologies, the Department's support for research and
development in all energy sources remains critical.
The Committee provides funding in support of an energy
strategy designed to enhance energy security, create jobs and
increase economic prosperity, and mitigate and adapt to climate
change. Funding for renewable energy sources and energy
efficiency technologies supports continued investments in
research and development to advance technological innovations
that save consumers money, reduce carbon pollution, and
increase U.S. competitiveness for the energy sector of the
future. Funding for fossil and nuclear sources is targeted to
ensure the safe, efficient, and environmentally sound use of
these energy sources. The recommendation provides a balancing
of support to the applied energy research areas to ensure
parity to the growth in investment over the last several years
and to focus on technologies to address climate change.
The success of these technologies depends on a reliable and
resilient electric grid infrastructure. The nation's electric
grid was built to handle a different energy reality than the
one we face today. Cyberattacks, frequent extreme weather
events caused by climate change, and an increasing diversity of
energy sources must be addressed to guarantee the continued
operation of the electric grid. The Committee provides strong
support to ensure the nation's electric grid remains secure,
resilient, and ready to incorporate new technologies,
particularly those that mitigate and adapt to climate change.
The Committee continues its long-standing support for the
investment of taxpayer funds across the spectrum of all energy
technologies. A national energy policy can only be successful
if it maintains stability while planning for long-term
strategic goals of energy security, building the future through
science and clean energy, and economic prosperity for the
nation. The Committee makes strategic choices, recommending a
balanced approach to advance research and development in energy
technologies that can address climate change, save money for
consumers, and support a resilient electric grid.
Investments in Infrastructure
America's ports, inland waterways, locks, and dams serve as
economic lifelines for many communities across the nation. The
water delivered to municipal, industrial, and agricultural
users contributes to America's economy. The water resource
infrastructure funded by the recommendation is a critical
component of ensuring a robust national economy and supporting
American competitiveness in international markets.
The agencies funded in this bill are also on the front
lines of the federal response to climate change. A changing
climate and increasing variability in weather patterns across
the United States is already impacting water infrastructure,
often with catastrophic results, such as the 2017 and 2018
hurricane seasons and recent annual flood events, including
those in the Midwest in 2019. This recommendation represents a
commitment to ensure that the nation's water resource
infrastructure is resilient and able to meet the challenges
posed by a changing climate.
The Committee believes that more needs to be done to
increase the resiliency of infrastructure funded by this Act,
and that every new construction or major rehabilitation project
should be constructed to the most current relevant standards.
These projects should address the risk of structural failure or
loss of use from natural hazards or natural disasters
throughout the lifetime of each project. As a measure of
responsible fiscal prudence, resilient construction and related
project management practices should be integrated into all
programs funded by this Act.
The U.S. Army Corps of Engineers (Corps) has been
instrumental in reducing the risk of flooding for public
safety, businesses, and much of this country's food-producing
lands. The Bureau of Reclamation (Reclamation) supplies
reliable water to approximately 10 percent of the country's
population and to much of its fertile agricultural lands. Both
agencies make significant contributions to national electricity
production through hydropower facilities.
The U.S. marine transportation industry supports
$2,000,000,000,000 in commerce and creates employment for more
than 13 million people. As the agency responsible for the
nation's federal waterways, the Corps maintains 1,067 harbors
and 25,000 miles of commercial channels serving 40 states. The
maintenance of these commercial waterways is directly tied to
the ability of the nation to ship manufactured and bulk
products, as well as to compete with the ports of neighboring
countries for the business of ships arriving from around the
world. As a primary supporter of America's waterway
infrastructure, the Corps ensures that the nation has the tools
to maintain a competitive edge in the global market. This
recommendation makes key changes to the budget request to
ensure that the Corps has the resources to continue to support
America's navigation infrastructure.
The flood protection infrastructure that the Corps builds
or maintains reduces the risk of flooding to people,
businesses, and other public infrastructure investments. In
fact, the average annual damages prevented by Corps projects
over fiscal years 2007-2016 was $67,600,000,000. Between 1928
and 2016, each inflation-adjusted dollar invested in these
projects prevented $8.91 in damages. This infrastructure
protects properties and investments by preventing the
destruction of homes, businesses, and many valuable acres of
cropland from flooding.
Reclamation's infrastructure is a critical component of the
agricultural productivity of the nation and supplies water to
more than 31 million people for municipal, rural, and
industrial uses. These facilities deliver water to one of every
five western farmers resulting in approximately 10 million
acres of irrigated land that produces 60 percent of the
nation's vegetables and 25 percent of its fruits and nuts.
Without this infrastructure, American municipal and industrial
users would face critical water shortages, and agricultural
producers in the west would not be able to access reliable,
safe water for their families and their businesses.
The Corps and Reclamation are the nation's largest and
second largest producers of hydropower, respectively. Combined,
these federal hydropower facilities generate approximately 115
billion kilowatt-hours annually. Gross revenues from the sale
of this power reach nearly $6,000,000,000 annually.
National Defense Programs
The Committee considers the national defense programs of
the National Nuclear Security Administration (NNSA) to be the
Department of Energy's highest national security priority. The
recommendation provides funding to sustain and modernize the
nuclear weapons stockpile, prevent the proliferation of nuclear
materials, and provide for the needs of the naval nuclear
propulsion program. Additionally, the recommendation fully
supports the environmental cleanup of multiple sites across the
country, maintaining the federal government's responsibility to
clean up the legacy of over five decades of nuclear weapons
production and government-sponsored nuclear energy research and
development.
Congressional Direction
Program, Project, or Activity.--The term ``program,
project, or activity'' shall include the most specific level of
budget items identified in the Energy and Water Development and
Related Agencies Appropriations Act, 2021 and the Committee
report accompanying this Act.
Performance Measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code, including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures.
Customer Service Measures.--The Committee directs each of
the agencies funded by this Act to develop standards to improve
customer service and incorporate the standards into the
performance plans required under title 31 of the United States
Code.
Offsetting Collections.--The Committee directs each of the
agencies funded by this Act to continue to report any funds
derived by the agency from non-federal sources, including user
charges and fines that are authorized by law, to be retained
and used by the agency or credited as an offset in annual
budget submissions.
Regional Councils.--The Committee encourages all federal
agencies to consider including regional councils and councils
of government as eligible entities in competitions for federal
funding when local governments or non-profit agencies are
eligible.
Federal Advertising.--The Committee directs each of the
agencies funded by this Act to include the following
information in its fiscal year 2022 budget justification:
expenditures for fiscal year 2020 and expected expenditures for
fiscal year 2021, respectively, for (1) all contracts for
advertising services, and (2) contracts for the advertising
services of all Small Business Administration-recognized
socioeconomic subcategory-certified small businesses, as
defined in the Small Business Act, and all minority-owned
businesses.
Cost Allocation Studies.--The Committee notes the recent
receipt of the briefing and outline on cost allocation issues
for projects within the Federal Columbia River Power System as
required in the fiscal year 2020 Act. The Committee appreciates
the efforts of the Corps, Reclamation, and Bonneville Power
Administration to provide this information in a timely manner.
The Committee encourages the agencies to continue to work
together on these issues, including resolving policy
discrepancies among the agencies. The agencies shall brief the
Committee not less than quarterly on the progress on resolving
issues.
Salton Sea, California.--The Committee recognizes the
importance of the Salton Sea and the impact that it has on
public health and the health of the environment in surrounding
communities, as well as the potential for clean energy
production and critical material recovery. Restoring the health
of the Salton Sea, thereby lessening public health and
environmental risks, will involve the cooperation of all
relevant federal agencies, including the Corps and Reclamation,
as well as state and local agencies. The Committee directs the
Corps and Reclamation to partner with federal, state, and local
agencies and coordinate use of all existing authorities to
support Salton Sea restoration efforts, including the State of
California's Salton Sea Management Program.
Federal Law Enforcement.--The Committee notes that the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2021 directs the Attorney General to establish a training
program to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice, to include
training on the duty of federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force, and make such training a requirement for
federal law enforcement officers. The Committee further notes
that certain Departments and agencies funded by this Act employ
federal law enforcement officers and are Federal Law
Enforcement Training Centers partner organizations. The
Committee directs such Departments and agencies to adopt and
follow the training program established by the Attorney General
and to make such training a requirement for its federal law
enforcement officers. The Committee further directs such
Departments and agencies to brief the Committee on their
efforts relating to training not later than 90 days after the
Attorney General has established such a training program.
In addition, the Committee directs such Departments and
agencies, to the extent that such Departments and agencies have
not already done so, to submit their use of force data to the
Federal Bureau of Investigation (FBI)'s National Use of Force
Data Collection database. The Committee further directs such
Departments and agencies to brief the Committee not later than
90 days after enactment of this Act on their current efforts to
tabulate and submit its use of force data to the FBI.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
INTRODUCTION
The Energy and Water Development and Related Agencies
Appropriations Act funds the Civil Works missions of the U.S.
Army Corps of Engineers (Corps). This program is responsible
for activities in support of coastal and inland navigation,
flood and coastal storm damage reduction, environmental
protection and restoration, hydropower, recreation, water
supply, and disaster preparedness and response. The Corps also
performs regulatory oversight of navigable waters.
Approximately 22,000 civilians and almost 300 military
personnel located in eight Division offices and 38 District
offices work to carry out the Civil Works program.
Columbia River Treaty.--The Committee notes the ongoing
negotiations between the United States and Canada regarding the
Columbia River Treaty and directs the Corps, in coordination
with partner agencies, to provide to the Committee not later
than 60 days after enactment of this Act a briefing on the
benefits the Treaty has facilitated for Canada.
BUDGET STRUCTURE CHANGES
The fiscal year 2021 budget request for the Corps proposed
numerous structure changes, including the creation of two new
accounts (Harbor Maintenance Trust Fund and Inland Waterways
Trust Fund) and shifting a variety of studies and projects from
one account to another. The Committee rejects all such proposed
changes and instead funds all activities in the accounts in
which funding has traditionally been provided. All projects
remain at the levels proposed in the budget request but may be
funded in different accounts. In particular:
Projects proposed for funding in the Harbor
Maintenance Trust Fund account in the budget request
are funded in the Construction, Mississippi River and
Tributaries, and Operation and Maintenance accounts, as
appropriate;
Dam safety management studies, proposed in
the Investigations account in the budget request, are
funded in the Dam Safety and Seepage/Stability
Correction Program within the Construction account;
Dam Safety and Seepage/Stability Correction
Program management costs, proposed in the Expenses
account in the budget request, are funded in the
program within the Construction account; and
Sand mitigation projects, proposed in the
Harbor Maintenance Trust Fund account in the budget
request, are funded in the Construction account.
Additionally, several national programs were proposed in
the budget request as singular programs under remaining items,
whereas the Committee has traditionally funded these programs
by state. These programs include the Inspection of Completed
Works, Project Condition Surveys, Scheduling of Reservoir
Operations, and Surveillance of Northern Boundary Waters. The
Committee rejects the proposed changes and instead funds all
activities in these programs under the individual states.
Further, the budget request proposed several studies as
projects listed under states. These studies include those under
the Tribal Partnership Program and Disposition of Completed
Projects. The Committee also rejects these proposed changes and
instead funds these studies under the traditional remaining
items. All projects remain at the funding levels included in
the budget request.
The Poplar Island, Maryland, beneficial use of dredged
material project has been re-categorized as within the
environmental restoration business line as is appropriate and
as was the case in previous years.
Lastly, the proposed budget request consolidated six
remaining items in the Investigations account under the
Technology Applications Program remaining item. The Committee
rejects the proposed change and instead funds the individual
remaining items themselves.
For any fiscal year, if the Corps proposes budget structure
changes, the budget proposal shall be accompanied by a display
of the funding request in the traditional budget structure.
APPORTIONMENT UNDER A CONTINUING RESOLUTION
For the purposes of continuing resolutions starting in
fiscal year 2018, the Office of Management and Budget changed
the long-standing policy by which funding is apportioned to the
Civil Works program of the Corps. Under the new policy, funding
within an individual account was apportioned separately for
amounts from the general fund of the Treasury and from various
trust funds.
The Committee has long intended the Corps to have the
flexibility to address projects most in need of funding under a
continuing resolution. The creation of artificial accounting
distinctions has the potential to cause serious impediments to
the efficient and effective implementation of the Civil Works
program. For example, work on many navigation projects is
limited by environmental or other regulatory windows. Further
limitations imposed by separately apportioning Harbor
Maintenance Trust Fund monies could cause serious disruptions
to the economic activity that depends on these navigation
channels.
For these reasons, the Committee rejects the change in
apportionment policy and directs the Administration to follow
the previous policy during any continuing resolutions that may
occur in this or any future fiscal years.
DEEP-DRAFT NAVIGATION
The Committee remains mindful of the evolving
infrastructure needs of the nation's ports. Meeting these
needs--including deeper drafts to accommodate the move towards
larger ships--will be essential if the nation is to remain
competitive in international markets and to continue advancing
economic development and job creation domestically.
Investigations and construction of port projects, including
the deepening of existing projects, are cost-shared between the
federal government and non-federal sponsors, often local or
regional port authorities. The operation and maintenance of
these projects are federal responsibilities and are funded as
reimbursements from the Harbor Maintenance Trust Fund (HMTF),
which is supported by an ad valorem tax on the value of
imported and domestic cargo. Expenditures from the trust fund
are subject to annual appropriations. The balance in the HMTF
at the beginning of fiscal year 2021 is estimated to be
approximately $10,108,000,000.
The Water Resources Reform and Development Act (WRRDA) of
2014 included target annual appropriations levels for use of
HMTF receipts and the Water Resources Development Act (WRDA) of
2016 amended those levels. The Committee remains committed to
providing the maximum practicable amount of funding for HMTF-
reimbursable activities consistent with annual allocations and
after evaluating funding requirements for other priority
activities within the Civil Works program.
For fiscal year 2021, the Committee provides an estimated
$1,680,000,000 for HMTF-related activities, $50,000,000 above
fiscal year 2020, $665,000,000 above the budget request, and
meets the annual target. This amount represents 92 percent of
estimated revenues compared to the fiscal year 2021 target of
83 percent. This funding will enable the Corps to make
significant progress on the backlog of dredging needs.
INLAND WATERWAYS SYSTEM
The nation's inland waterways system--consisting of
approximately 12,000 miles of commercially navigable channels
and 239 lock chambers--is also essential to supporting the
national economy. Freight transported on the inland waterways
system includes a significant portion of the nation's grain
exports, domestic petroleum and petroleum products, and coal
used in electricity generation. Much of the physical
infrastructure of the system is aging, however, and in need of
improvements. For example, commercial navigation locks
typically have a design life of 50 years, yet nearly 60 percent
of these locks in the United States are more than 50 years old,
with the average age of almost 60 years old.
Capital improvements to the inland waterways system
generally are funded 50 percent from the general fund of the
Treasury and 50 percent from the Inland Waterways Trust Fund
(IWTF), while operation and maintenance costs are funded 100
percent from the general fund of the Treasury. The IWTF is
supported by a tax on barge fuel.
The Corps is directed to take the preparatory steps
necessary to ensure that new construction projects can be
initiated as soon as can be supported under a robust capital
program (i.e., as ongoing projects approach completion). For
fiscal year 2021, the Committee provides $90,000,000 from the
IWTF, $90,000,000 above the budget request. The final program
level will depend on project-specific allocations to be made by
the Corps. The Committee recommends $55,000,000 above the
budget request for additional operation and maintenance
activities on the inland waterways.
FORMAT OF FUNDING PRIORITIES
Traditionally, the President requested and the Congress
appropriated funds for the Civil Works program on a project-
level basis. Taken together, however, these funding decisions
indicated programmatic priorities and policy preferences. As
with non-project-based programs, the Congress at times
disagreed with the priorities stated in the budget request and
made its priorities known in appropriations bills. Final
federal government priorities were established in Acts passed
by both chambers of the Congress and signed by the President.
Since the 112th Congress, congressional earmarks, as
defined in House rule XXI, have been prohibited. That
definition encompasses project-level funding not requested by
the President. As a result, the Committee reviewed the
historical format of appropriations for the Corps to determine
if there was a more transparent way to highlight programmatic
priorities without abandoning congressional oversight
responsibilities. The fiscal year 2012 Act included a
modification to the format used in previous years, and that
format is continued for fiscal year 2021. As in previous years,
the Committee lists in report tables the studies, projects, and
activities within each account requested by the President along
with the Committee-recommended funding level. To advance its
programmatic priorities, the Committee has included additional
funding for certain categories of projects. Project-specific
allocations within these categories will be determined by the
Corps based on further direction provided in this report.
ADDITIONAL FUNDING
The recommendation includes funding in addition to the
budget request to ensure continued improvements to water
resources infrastructure, including resiliency, that benefit
our national economy, public safety, and environmental health.
This funding is for additional work that either was not
included in the budget request or was inadequately budgeted.
The executive branch retains discretion over project-
specific allocation decisions within the additional funds
provided, subject to only the direction here and under the
heading ``Additional Funding'' or ``Additional Funding for
Ongoing Work'' within each of the Investigations, Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts. A study or project may not be excluded
from consideration for funding for being ``inconsistent with
Administration policy.'' The Administration is reminded that
these funds are in addition to the budget request, and
Administration budget metrics shall not be a reason to
disqualify a study or project from being funded.
The Committee remains concerned that the Administration has
implied, either implicitly or explicitly, to non-federal
sponsors that chances of being included in a budget request or
work plan increase with the amount of funding a non-federal
sponsor can bring to a project. Therefore, the Administration
is reminded that voluntary funding in excess of legally
required cost shares for studies and projects is acceptable but
shall not be used as a criterion for inclusion in the budget
request, for allocating the additional funding provided, or for
the selection of new starts.
It is expected that all the additional funding provided by
this Act will be allocated to specific programs, projects, or
activities. The focus of the allocation process shall favor the
obligation, rather than expenditure, of funds. Additionally,
the Administration shall consider the extent to which the Corps
is able to obligate funds as it allocates the additional
funding.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi River
and Tributaries accounts if: (1) it has received funding, other
than through a reprogramming, in at least one of the previous
three fiscal years; (2) it was previously funded and could
reach a significant milestone, complete a discrete element of
work, or produce significant outputs in fiscal year 2021; or
(3) as appropriate, it is selected as one of the new starts
allowed in accordance with this Act and the additional
direction provided below. None of the additional funding in any
account may be used for any item where funding was specifically
denied or for projects in the Continuing Authorities Program.
Funds shall be allocated consistent with statutory cost share
requirements.
Work Plan.--Not later than 60 days after enactment of this
Act, the Corps shall provide to the Committee a work plan
including the following information: (1) a detailed description
of the process and criteria used to evaluate studies and
projects; (2) delineation of how these funds are to be
allocated; (3) a summary of the work to be accomplished with
each allocation, including phase of work; and (4) a list of all
studies and projects that were considered eligible for funding
but did not receive funding, including an explanation of
whether the study or project could have used funds in fiscal
year 2021 and the specific reasons each study or project was
considered as being less competitive for an allocation of
funds.
New Starts.--The recommendation includes seven new starts
in the Investigations account and seven new starts in the
Construction and Mississippi River and Tributaries accounts to
be distributed across the authorized mission areas of the
Corps. Of the new starts in Investigations, two shall be for
navigation studies, two shall be for flood and storm damage
reduction studies, one shall be for an environmental
restoration study, one shall be for a multi-purpose watershed
study to assess coastal resiliency, and one shall be for an
additional flood and storm damage reduction or environmental
restoration study. Of the new construction starts, three shall
be for navigation projects, of which one shall be for an inland
waterways lock and dam modernization project, and of which one
shall be for major rehabilitation jetty repair project at a
medium or emerging harbor; one shall be for a flood and storm
damage reduction project; one shall be for an additional
navigation, an additional flood and storm damage reduction, or
a multi-purpose project; and two shall be for environmental
restoration or multi-purpose projects. The Corps is reminded
that public-private partnership (P3) pilot projects are
eligible to compete for new starts in Construction. No funding
shall be used to initiate new programs, projects, or activities
in the Operation and Maintenance account.
The Corps is directed to propose a single group of new
starts as a part of the work plan. None of the funds may be
used for any item for which the Committee has specifically
denied funding. The Corps may not change or substitute the new
starts selected once the work plan has been provided to the
Committee. Each new start shall be funded from the appropriate
additional funding line item. Any project for which the new
start requirements are not met by the end of fiscal year 2021
shall be treated as if the project had not been selected as a
new start; such a project shall be required to compete again
for new start funding in future years. As all new starts are to
be chosen by the Corps, all shall be considered of equal
importance, and the Administration is reminded that the
expectation is that future budget submissions will include
appropriate funding for all new starts selected.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committee at least seven days prior
to execution of an agreement for construction of any project
except environmental infrastructure projects and projects under
the Continuing Authorities Program. Additionally, the Committee
reiterates and clarifies previous congressional direction as
follows. Neither study nor construction activities related to
individual projects authorized under section 1037 of the WRRDA
of 2014 shall require a new start or new investment decision;
these activities shall be considered ongoing work. No new start
or new investment decision shall be required when moving from
feasibility to preconstruction engineering and design (PED).
The initiation of construction of an individually authorized
project funded within a programmatic line item may not require
a new start designation provided that some amount of
construction funding under such programmatic line item was
appropriated and expended during the previous fiscal year. No
new start or new investment decision shall be required to
initiate work on a separable element of a project when
construction of one or more separable elements of that project
was initiated previously; it shall be considered ongoing work.
A new construction start shall not be required for work
undertaken to correct a design deficiency on an existing
federal project; it shall be considered ongoing work.
In addition to the priority factors used to allocate all
additional funding provided in the Investigations account, the
Corps should give careful consideration to the out-year budget
impacts of the studies selected and to whether there appears to
be an identifiable non-federal sponsor that will be ready and
able to provide, in a timely manner, the necessary cost share
for the feasibility and PED phases. The Corps is reminded that
the flood and storm damage reduction and the environmental
restoration mission areas can include instances where non-
federal sponsors are seeking assistance with flood control and
unauthorized discharges from permitted wastewater treatment
facilities and that the navigation mission area includes work
in remote and subsistence harbor areas.
In addition to the priority factors used to allocate all
additional funding provided in the Construction and Mississippi
River and Tributaries accounts, the Corps also shall consider
the out-year budget impacts of the selected new starts and the
non-federal sponsor's ability and willingness to promptly
provide required cash contributions, if any, as well as
required lands, easements, rights-of-way, relocations, and
disposal areas. When considering new construction starts, only
those that can execute a project cost sharing agreement not
later than September 30, 2021, shall be chosen.
To ensure that the new construction starts are affordable
and will not unduly delay completion of any ongoing projects,
the Secretary is required to submit to the Committee a
realistic out-year budget scenario prior to issuing a work
allowance for a new start. It is understood that specific
budget decisions are made on an annual basis and that this
scenario is neither a request for nor a guarantee of future
funding for any project. Nonetheless, this scenario shall
include an estimate of annual funding for each new start
utilizing a realistic funding scenario through completion of
the project, as well as the specific impacts of that estimated
funding on the ability of the Corps to make continued progress
on each previously funded construction project (including
impacts to the optimum timeline and funding requirements of the
ongoing projects) and on the ability to consider initiating new
projects in the future. The scenario shall assume Construction
and Mississippi River and Tributaries account funding levels at
the average of the past three budget requests.
ASIAN CARP
The Great Lakes and Mississippi River Interbasin Study was
authorized by Congress under Section 3061(d) of the Water
Resources Development Act of 2007 (Public Law 110-114). The
Committee notes that the Brandon Road Lock and Dam in Joliet,
Illinois, is critical to keeping Asian carp out of the Chicago
Area Waterways System, which is the only continuous connection
between the Great Lakes and Mississippi River basins. The
Committee appreciates that the project received a positive
recommendation in the Report of the Chief of Engineers.
As the Corps prioritizes projects, it shall consider
critical projects to prevent the spread of invasive species.
The Corps is reminded that this project is eligible to compete
for additional funding within the Investigations account. The
Corps shall expeditiously work with the non-federal sponsor to
execute a design agreement to commence preconstruction
engineering and design. The Corps is directed to provide to the
Committee quarterly updates on the progress and status of
efforts to prevent the further spread of Asian carp, including
the Brandon Road Recommended Plan; design agreement; the
location and density of carp populations; the use of emergency
procedures previously authorized by Congress; and the
development, consideration, and implementation of new
technological and structural countermeasures.
The Corps shall continue to collaborate at levels
commensurate with previous years with the U.S. Coast Guard, the
U.S. Fish and Wildlife Service, the State of Illinois, and
members of the Asian Carp Regional Coordinating Committee,
including identifying navigation protocols that would be
beneficial or effective in reducing the risk of vessels
inadvertently carrying aquatic invasive species, including
Asian carp, through the Brandon Road Lock and Dam in Joliet,
Illinois. Any findings of such an evaluation shall be included
in the quarterly briefings to the Committee. The Corps is
further directed to implement navigation protocols shown to be
effective at reducing the risk of entrainment without
jeopardizing the safety of vessels and crews. The Corps and
other federal and state agencies are conducting ongoing
research on additional potential Asian Carp solutions. The
Corps shall brief the Committee not later than 30 days after
enactment of this Act on such navigation protocols and
potential solutions.
AGING WATERWAY INFRASTRUCTURE
The Committee recognizes the extraordinary implications to
the local, regional, and national economy, as well as national
security, due to aging waterway infrastructure. The Committee
urges the Corps to continue to prioritize ongoing deep draft
lock modernization or replacement projects.
CONGRESSIONAL DIRECTION AND REPROGRAMMING
To ensure that the expenditure of funds in fiscal year 2021
is consistent with congressional direction, to minimize the
movement of funds, and to improve overall budget execution, the
Act carries a legislative provision outlining the circumstances
under which the Corps may reprogram funds.
COMMITTEE RECOMMENDATION
The Committee recommends $7,628,855,000 for the Corps,
$21,145,000 below fiscal year 2020 and $1,662,669,000 above the
budget request.
A table summarizing the fiscal year 2020 enacted
appropriation, the fiscal year 2021 budget request, and the
Committee-recommended levels is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2020 enacted FY 2021 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations...................................... $151,000 $102,635 $151,000
Construction........................................ 2,681,000 2,173,189 2,619,855
Mississippi River and tributaries................... 375,000 209,863 365,000
Operation and maintenance........................... 3,790,000 1,996,499 3,838,000
Regulatory program.................................. 210,000 200,000 205,000
FUSRAP.............................................. 200,000 - - - 210,000
Flood control and coastal emergencies............... 35,000 77,000 35,000
Expenses............................................ 203,000 187,000 200,000
Office of the Assistant Secretary of the Army for 5,000 5,000 5,000
Civil Works........................................
Harbor Maintenance Trust Fund....................... - - - 1,015,000 - - -
-----------------------------------------------------------
Total, Corps of Engineers--Civil................ 7,650,000 5,966,186 7,628,855
----------------------------------------------------------------------------------------------------------------
INVESTIGATIONS
Appropriation, 2020................................... $151,000,000
Budget estimate, 2021................................. 102,635,000
Recommended, 2021..................................... 151,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +48,365,000
This appropriation funds studies to determine the need for,
the engineering and economic feasibility of, and the
environmental and social suitability of solutions to water and
related land resource problems; preconstruction engineering and
design; data collection; interagency coordination; and
research.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and preconstruction engineering and design
(PED) phases, rather than to remaining items line items as has
been the case in previous work plans. When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
studies or to initiating new studies that will enhance the
nation's economic development, job growth, and international
competitiveness; are for projects located in areas that have
suffered recent natural disasters; are for projects that
protect life and property; or are for projects to address legal
requirements. The recommendation includes sufficient additional
funding to undertake a significant amount of feasibility and
PED work. The Administration is reminded that a project study
is not complete until the PED phase is complete and that no new
start or new investment decision shall be required when moving
from feasibility to PED.
Of the additional funding provided in this account for
environmental restoration or compliance, the Corps shall
allocate not less than $9,700,000 for ecosystem restoration
projects that benefit multiple states in the PED phase that
have been funded within the last three years.
Of the additional funding provided in this account for
flood and storm damage reduction, the Corps shall allocate not
less than $1,500,000 for PED to projects that are located in
economically disadvantaged communities where per capita income
is less than half of the state and national averages and that
have previously experienced loss of life due to flooding.
Of the additional funding recommended in this account for
shore protection, the Corps shall allocate not less than
$1,500,000 for the PED phase of beach re-nourishment projects
that have been authorized by Congress for construction.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$1,500,000 for ecosystem restoration projects that are
modifications to flood protection project authorizations to
address degraded conditions due to prior flood protection work.
Bubbly Creek Ecosystem Restoration Project.--The Committee
notes the importance of restoration of the South Fork of the
South Branch of the Chicago River, also known as Bubbly Creek,
and its significance for economic revitalization, ecosystem
restoration, and water quality improvements. The Committee is
concerned that section 1110 of the America's Water
Infrastructure Act of 2018 (Public Law 115-270), requiring the
Corps to enter a memorandum of understanding with the
Environmental Protection Agency to facilitate this restoration,
remains unfulfilled. The Committee directs the Corps to brief
the Committee not later than 90 days after enactment of this
Act on the status of negotiations.
Chacon Creek, Texas.--The Corps is reminded that flood
mitigation projects like Chacon Creek in Laredo, Texas, are
eligible to compete for additional funding provided within this
account.
Disposition of Completed Projects.--The Committee
appreciates the Corps working to complete disposition studies
pursuant to facilities that closed as a result of Public Law
113-121. The Corps is directed to provide to the Committee
copies of disposition studies upon completion. For Corps
facilities that are deemed as excess, the Committee supports
the disposal of those facilities through the appropriate
General Services Administration process.
Fairview, Texas.--The Committee notes that there is
periodic flooding along Wilson Creek and Sloan Creek in
Fairview, Texas, directly upstream from Lavon Lake. The Corps
is directed to submit to the Committee not later than 180 days
after enactment of this Act a report on the status of its
efforts to engage with the City of Fairview to address this
issue.
Great Lakes Remedial Action Plan and Sediment
Remediation.--Section 401 of the Water Resources Development
Act of 1990 authorized the Corps to support the development and
implementation of Remedial Action Plans at Areas of Concern in
the Great Lakes. The Corps is reminded that this program is
eligible to compete for additional funding provided in this
account.
Great Lakes Coastal Resiliency Study.--The Corps is
reminded that the Great Lakes Coastal Resiliency study is
eligible to compete for a new start as provided in this Act.
Hartford and East Hartford, Connecticut.--The Committee
understands that the Corps is completing initial appraisal
reports under section 216 of the Flood Control Act of 1970 and
reminds the Corps that the Water Resources Development Act of
2018 directed expedited completion of feasibility studies for
flood risk management projects in Hartford and East Hartford,
Connecticut.
Historic Landmarks.--The Committee appreciates the work
done by the Corps to help preserve threatened historic sites.
When prioritizing feasibility studies for flood control
projects, the Committee encourages the Corps to consider the
effects of sea level rise and storm surge on cultural and
historic locations of significance.
Impacts on Oyster Reefs.--The Committee encourages the
Corps, when conducting or reviewing environmental assessments
or environmental impact statements for navigation or coastal
restoration projects in areas where oyster reefs exist, to
consider water quality and salinity impacts on those reefs and,
when appropriate, to mitigate any negative impacts.
Lake Cypress, Florida.--The Committee continues to be aware
that high rain totals have created a significant sediment flow
through the Kissimmee Chain of Lakes resulting in a shoal that
has expanded in recent years, located at the end of the C-35
canal in Lake Cypress, Florida. The Committee is concerned over
reports that the shoal has become a danger to navigation and
strongly encourages the Corps to coordinate with state and
local officials on this issue.
Management of Contaminated Sites.--The Committee recognizes
that hazardous substances and materials have contaminated
wetlands throughout several parts of the country, leading to
threats to drinking water and public health. Accordingly, the
Committee urges the Corps, as appropriate, to notify the
respective local and state entities if a hazardous substance or
material spills into, or contaminates, a wetland that has the
potential to harm the public's health.
New Jersey Back Bays Study.--The Committee maintains
interest in the New Jersey Back Bays study and notes the
economic costs and risks associated with flood and storm
events, as evidenced by Hurricane Sandy. The Corps is
encouraged to include appropriate funding for this study in
future budget submissions and is directed to brief the
Committee not later than 90 days after enactment of this Act on
the status of this examination.
New York-New Jersey Harbor and Tributaries.--The Committee
maintains interest in the New York-New Jersey Harbor and
Tributaries study and notes the economic costs and risks
associated with flood, sea level rise, and storm events, as
evidenced by Hurricane Sandy. The Corps is encouraged to
include appropriate funding for this study in future budget
submissions and is directed to brief the Committee not later
than 90 days after enactment of this Act on the status of this
examination.
Nome, Alaska.--The Committee recognizes the importance of
enhancing the U.S. strategic presence in the Arctic, including
the potential establishment of an Arctic deep draft port. The
Corps is reminded that projects such as the Port of Nome,
Alaska, are eligible to compete for additional funding provided
in this account.
North Atlantic Focus Area Studies.--In 2013 Congress
directed the Corps to conduct a comprehensive study of
vulnerable coastal populations that were impacted by Hurricane
Sandy. The comprehensive study includes smaller individual
studies, including the Baltimore Coastal Storm Risk Management,
the Nassau County Back Bays, Delaware Inland Bays and Delaware
Bay Coast, and other focus area studies. The Committee is
disappointed that the fiscal year 2021 budget request did not
include funding for these critical studies, despite significant
capabilities, and encourages the Corps to include appropriate
funding for these studies in future budget requests.
North Branch Ecorse Creek Watershed, Michigan.--The
Committee is aware that flooding is a consistent, recurring
issue in the project area and the North Branch Ecorse Creek
Watershed, which has flooded four times in the last three
years. The repetitive flooding is causing extensive property
damage, bank erosion and instability, sediment and nutrient
loading, trash and debris loading, in-stream habitat
degradation, and loss of aesthetic and recreational value. The
Committee urges the Corps to expeditiously complete the General
Reevaluation Report in order to move forward with PED.
Planning Assistance to States, Vulnerable Coastal
Communities.--The Committee notes the important role the Corps
plays in managing flood risk and threats from coastal hazards
and that the Planning Assistance to States program can assist
with comprehensive plans and technical assistance to eligible
state, tribal, or U.S. territory partners. The Committee
encourages the Corps to continue building capacity to provide
this assistance to vulnerable coastal communities, including
tribal communities.
Principles, Requirements & Guidelines.--The Committee
understands that the Corps is developing Agency Specific
Procedures to implement the Principles, Requirements, and
Guidelines for Federal Investments in Water Resources (PR&G)
released in March 2013 and the Final Interagency Guidelines
released in December 2014. The Corps is reminded that Congress,
through section 2031 of the Water Resources Development Act of
2007, established a national policy for water resources
projects to maximize sustainable development; to avoid unwise
use of floodplains and flood-prone areas; and to protect and
restore, and where necessary, to mitigate unavoidable impacts
to natural systems. This section also directed the Secretary to
update PR&G to incorporate modern advancements in economic and
analytical techniques and to incorporate efforts to address
public safety; low-income communities; nonstructural approaches
to water resource development and management; and integrative,
adaptive, and watershed approaches. The Corps is directed to
brief the Committee not later than 45 days after enactment of
this Act on its efforts to develop Agency Specific Procedures
and again prior to finalizing Agency Specific Procedures.
Reporting Requirement.--The Corps is encouraged to work
expeditiously towards compliance with sections of Public Law
115-270 that expedited feasibility studies. The Committee
directs the Corps to provide to the Committee not later than 45
days after enactment of this Act a briefing on the status of
implementation of these sections.
Research and Development.--The Committee notes the
importance of the work carried out by the Corps under the
Research and Development remaining item. The Committee
encourages the Corps to engage in monitored field trials of
coastal restoration optimized for blue carbon CO2
sequestration. The Committee understands that certain machine
learning and artificial intelligence initiatives are underway,
including the Numerical Modeling Modernization and Data25
initiatives, and urges the Corps to continue this work. Lastly,
the Committee encourages the Corps to collaborate with
university partners to improve the capabilities for improving
the integrity and performance of the nation's levee systems.
Research and Development, Biopolymers.--The Committee notes
the importance of earthen infrastructure to support water
distribution and regulation and energy systems. To rehabilitate
these deteriorating structures, reduce costs of rehabilitating
and maintaining these structures, and increase resiliency of
these structures against potential threats, the Committee notes
the value of research in the use of biopolymers and the
recommendation provides $6,000,000 for these activities.
Research and Development, Freshwater Intrusion.--The
Committee recognizes the need to develop tools to assess,
forecast, and proactively manage the hydrodynamic and
environmental impacts of large-scale freshwater intrusion into
the Mississippi Sound and surrounding waters. These consistent
freshwater intrusions have been detrimental to the Mississippi
Sound and the U.S. blue economy. The Corps is encouraged to
partner with academia with expertise in coastal processes and
ocean and hydrodynamic modeling to develop these tools.
Research and Development, Innovative Technologies for
Resilient Infrastructure.--The Committee recognizes that
research is needed to test and refine use of rapid, repeatable,
and remote methods for long-term monitoring of critical water
infrastructure and encourages the Corps to partner with
academia to research and manage emerging threats to attain
resilient flood control structures.
Research and Development, Modeling.--As sea levels rise,
climate change and human activities continue to impact
coastlines, rivers, and related habitats. The recommendation
provides $4,000,000 to support research into predictive models
and field-based research into geochemical, geophysical, and
sedimentological analysis and modeling of diverse field sites
on contemporary and historic time frames.
Research and Development, Oyster Reefs.--The Committee
recognizes the importance of sustainable oyster reefs for
maintaining healthy ecosystems, protecting coastal
infrastructure, and supporting commercial fisheries. Recent
restoration efforts have not achieved the intended success for
U.S. oyster populations, and the identification of effective
restoration strategies remains a critical gap. Accordingly, the
recommendation provides $2,600,000 for the Corps to partner
with research universities to conduct oyster reef restoration
research.
Research and Development, Urban Flood Damage Reduction.--
The Corps is encouraged to collaborate with research partners
to study the special impact of flooding in arid regions of the
country, with a specific focus on flooding impacts in post-
wildfire areas.
Rio Guayanilla, Puerto Rico.--The Committee recognizes the
importance of the flood control and prevention project in Rio
Guayanilla and understands that the final feasibility report is
currently under review. The Corps is encouraged to include
appropriate funding for this study in future budget submissions
and is directed to brief the Committee not later than 90 days
after enactment of this Act on the status of this examination
and future plans for this project.
Salton Sea, California.--The Committee recognizes the role
that the Corps plays in the restoration of the Salton Sea and
encourages the Corps to be an active participant in restoration
efforts involving federal participation, including the
California Natural Resources Agency's Salton Sea Management
plan. The Committee notes the Senate Environment and Public
Works Committee Resolution dated April 25, 2016, authorizing
the Imperial Stream Salton Sea study, an aquatic ecosystem
restoration study on an inland lake with associated public
health risks, and reminds the Corps that this study is eligible
to compete for a new start as provided in this Act.
San Diego River Levee System, California.--The Committee
notes that the America's Water Infrastructure Act of 2018
(Public Law 115-270) authorized the Corps to conduct a
feasibility study for flood risk management, navigation, and
ecosystem restoration in the San Diego River. The Corps is
reminded that the San Diego River Levee System study is
eligible to compete for a new start as provided in this Act.
Upper Mississippi River-Illinois Waterway System.--The
Committee recognizes the importance of advancing the Navigation
and Ecosystem Sustainability Program for the Upper Mississippi
region and our nation's economy and notes that Congress has
already appropriated significant funding for this program,
including funding for PED. As such, the Committee reminds the
Corps that this project is eligible to compete for funding to
move forward with PED and advance the projects authorized in
Title VIII of the Water Resources and Development Act of 2007
(Public Law 110-114).
Upper Des Plaines River and Tributaries Project, Illinois
and Wisconsin.--The Committee is aware that the project area
was flooded with record high crests overflowing the Des Plaines
River, resulting in damage to more than 3,200 residences. The
Committee urges the Corps to cooperate with the non-federal
sponsor as it prepares advance work on a number of flood
features under section 204 of the Water Resources Development
Act of 1986.
CONSTRUCTION
Appropriation, 2020................................... $2,681,000,000
Budget estimate, 2021................................. 2,173,189,000
Recommended, 2021..................................... 2,619,855,000
Comparison:
Appropriation, 2020............................... -61,145,000
Budget estimate, 2021............................. +446,666,000
This appropriation funds construction, major
rehabilitation, and related activities for water resource
projects whose principal purpose is to provide commercial
navigation, flood and storm damage reduction, or aquatic
ecosystem restoration benefits to the nation. Portions of this
account are funded from the Harbor Maintenance Trust Fund and
the Inland Waterways Trust Fund.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding.--The recommendation includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$25,000,000 for multistate ecosystem restoration programs for
which a comprehensive restoration plan is in development or has
been completed, of which not less than $5,000,000 shall be for
projects or programs that restore and rehabilitate native
oyster reefs.
Of the additional funds provided in this account, the Corps
shall allocate not less than $40,000,000 to projects with
riverfront development components.
Of the additional funding provided in this account for
navigation and other authorized project purposes, the Corps
shall allocate not less than $59,200,000 to continue activities
to construct new navigation infrastructure for locks not on the
inland waterways system and Corps-owned bridges.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $29,000,000 to continue
construction of projects that principally address drainage in
urban areas.
Of the additional funds provided in this account for flood
and storm damage reduction, navigation, and other authorized
project purposes, the Corps shall allocate not less than
$10,000,000 to authorized reimbursements for projects with
executed project partnership agreements and that have completed
construction or where non-federal sponsors intend to use the
funds for additional water resource development activities.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $10,000,000 to additional
nonstructural flood control projects.
Public Law 115-123 and Public Law 116-20 included funding
within the Flood Control and Coastal Emergencies account to
restore authorized shore protection projects to full project
profile. That funding is expected to address some of the
current year capability. The recommendation includes
$55,165,000 for construction of shore protection projects, an
increase of $5,000,000 above fiscal year 2020. The Corps is
reminded that if additional work can be done, these projects
are also eligible to compete for additional funding for flood
and storm damage reduction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were being
evaluated for new or ongoing construction and shall consider
giving priority to the following:
benefits of the funded work to the national
economy;
extent to which the work will enhance
national, regional, or local economic development;
number of jobs created directly and
supported in the supply chain by the funded activity;
significance to national security, including
the strategic significance of commodities;
ability to obligate the funds allocated
within the fiscal year, including consideration of the
ability of the non-federal sponsor to provide any
required cost share;
ability to complete the project, separable
element, or project phase with the funds allocated;
legal requirements, including
responsibilities to tribes;
for flood and storm damage reduction
projects, including authorized nonstructural measures
and periodic beach renourishments,
population, economic activity,
or public infrastructure at risk, as
appropriate; and
the severity of risk of flooding
or the frequency with which an area has
experienced flooding;
for shore protection projects, projects in
areas that have suffered severe beach erosion requiring
additional sand placement outside of the normal beach
renourishment cycle or in which the normal beach
renourishment cycle has been delayed, and projects in
areas where there is risk of environmental
contamination;
for navigation projects, the number of jobs
or level of economic activity to be supported by
completion of the project, separable element, or
project phase;
for projects cost shared with the Inland
Waterways Trust Fund (IWTF), the economic impact on the
local, regional, and national economy if the project is
not funded, as well as discrete elements of work that
can be completed within the funding provided in this
line item;
for other authorized project purposes and
environmental restoration or compliance projects, to
include the beneficial use of dredged material; and
for environmental infrastructure projects,
projects with the greater economic impact, projects in
rural communities, projects in communities with
significant shoreline and instances of runoff, projects
in or that benefit counties or parishes with high
poverty rates, projects in financially distressed
municipalities, projects that improve stormwater
capture capabilities, and projects that will provide
substantial benefits to water quality improvements.
The recommendation provides $90,000,000 of estimated annual
revenues in the IWTF. The Corps shall allocate all funds
provided in the IWTF Revenues line item along with the
statutory cost share from funds provided in the Navigation line
item prior to allocating the remainder of funds in the
Navigation line item.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $15,000,000
shall be for watercraft inspection stations, as authorized in
section 104 of the River and Harbor Act of 1958, equally
distributed to carry out subsections (d)(1)(A)(i),
(d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000 shall be for
related monitoring. Additional funding is also provided for
nationwide research and development to address invasive aquatic
plants, and activities for monitoring, surveys, and control of
flowering rush and hydrilla verticillata.
The Committee recognizes that mechanical harvesting
technologies and other non-chemical methods can be used to
combat the spread invasive aquatic plant species. The Committee
directs the Corps to investigate the use of mechanical
harvesting technologies to control invasive species and to
brief the Committee not later than 90 days after enactment of
this Act on its findings.
Beneficial Use of Dredged Material Pilot Program.--The
Committee supports the pilot program authorized in section 1122
of the Water Resources Development Act of 2016. The
recommendation provides $10,000,000 to continue the first 10
projects selected. The Corps shall not use Operation and
Maintenance funds provided or allocated to the projects from
which the dredged material is generated for costs beyond the
costs of the Federal Standard. The Corps shall brief the
Committee not later than 90 days after enactment of this Act on
the planned activities, costs estimates, and potential
timelines for each of the 10 selected pilot projects. The Corps
is further directed to brief the Committee prior to any effort
to select any additional pilot projects as authorized by the
America's Water Infrastructure Act of 2018.
Cano Martin Pena, Puerto Rico.--The Committee notes the
environmental degradation and persistent flooding that
disadvantages communities abutting the channel, as evidenced by
Hurricanes Irma and Maria. The Committee remains interested in
the timely advancement of this project given the years of
significant planning that have been undertaken and its purpose
in restoring a critical watershed and the natural functioning
of the tidal system in the San Jose Lagoon and the San Juan Bay
Estuary. The Committee is concerned about the lost
opportunities and delays arising due to the lack of funding to
start construction of this important project. The Committee
encourages the Corps to include appropriate funding for this
project in future budget submissions and to work with the non-
federal sponsor to advance the project to the next phase at the
earliest practicable opportunity. The Corps is directed to
report to the Committee not later than 45 days after enactment
of this Act on the status of and future plans for this project.
The report should include identification of any circumstances
that may be disadvantaging this project from selection as a new
construction start.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Committee is supportive of the
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan,
Chesapeake Bay Oyster Recovery, Maryland and Virginia.--The
Committee is supportive of the Corps' work on the Chesapeake
Bay Oyster Recovery program and urges the Corps to include
appropriate funding in future budget requests for these
efforts.
Continuing Authorities Program (CAP).--The Committee
continues to support all sections of the Continuing Authorities
Program. Funding is provided for nine CAP sections at a total
of $67,000,000. This program provides a useful tool for the
Corps to undertake small localized projects without the lengthy
study and authorization process typical of larger Corps
projects. The management of CAP should continue consistent with
direction provided in previous fiscal years. Within the section
1135 CAP authority, and to the extent already authorized by
law, the Corps is reminded that projects that restore degraded
wetland habitat and stream habitats impacted by construction of
Corps levees or channels, and projects that will divert
significant pollutant nutrient runoff from entering wetland
habitats, are eligible to compete for funding. Further, the
Corps is reminded that projects approved in 2019 are eligible
to compete for funds provided under section 206.
Everglades Agricultural Area.--The Committee recognizes the
importance of the Everglades Agricultural Area Storage
Reservoir to South Florida ecosystem restoration and efforts to
combat harmful algal blooms in the greater Everglades region.
Howard Hanson Dam, Washington.--The Committee notes that
$3,000,000 was included in the fiscal year 2020 work plan to
begin the design and cost update needed to resume work on the
construction of a downstream fish passage facility as mandated
by the 2019 Biological Opinion. The Committee supports these
efforts and directs the Corps to work expeditiously on this
project in order to meet the 2030 deadline established in the
Biological Opinion.
Lakes Marion and Moultrie, South Carolina.--The Committee
recognizes the importance of continued progress on the Lakes
Marion and Moultrie regional water supply project and reminds
the Corps that this project is eligible to compete for
additional funding provided in this account.
McClellan-Kerr Arkansas River Navigation System, Arkansas
and Oklahoma.--The Committee recognizes the importance of the
12-foot navigational channel project to the McClellan-Kerr
Arkansas River Navigation System. The Corps is encouraged to
continue working with stakeholders and is reminded that this
project is eligible to compete for additional funding provided
in this account.
Murrieta Creek, California.--The non-federal sponsor
intends to pursue a section 221 In-Kind Credit Contribution
agreement with the Corps to do the design work to optimize the
multi-purpose basin so as to eliminate or reduce the need for
perimeter levees, optimize costs and benefits, and facilitate
interim uses of the property. The Corps is encouraged to move
forward with timely approval of the agreement. The non-federal
sponsor also is moving forward to address the outdated
information in the Corps' economic side-by-side analysis for
the project in order to identify the most cost-effective
project. The Corps is directed to coordinate with the non-
federal sponsor, as requested, in the economic update in order
to have a strong basis for proceeding with the completion of
the Limited Reevaluation Report.
New Buffalo, Michigan.--The Committee is aware of
significant sloughing and erosion along the New Buffalo
Shoreline and that the Corps is currently investigating the
issue through a project under section 111 of the Continuing
Authorities Program. The Corps is directed to brief the
Committee not later than 90 days after enactment of this Act on
the status of its investigation, options to mitigate erosion to
the beaches south of the New Buffalo Harbor, and options for a
path forward on this project.
New Programs Requested in the Budget Proposal.--The budget
request includes a proposal for $250,000,000 for projects
carried out under section 1043 of the Water Resources Reform
and Development Act of 2014, ``Non-federal Implementation Pilot
Program.'' This pilot program was authorized to allow the
transfer of federal funds to non-federal interests for them to
perform studies and construct projects. The Committee rejects
the idea that the method of project execution should be used to
prioritize projects for federal funding and provides no funds
for such an effort. The fiscal year 2020 Act directed the Corps
to brief the Committee on the section 1043 pilot program, and
the Committee is still awaiting this briefing. The Corps is
directed to provide this briefing not later than 45 days after
enactment of this Act.
The budget request also includes $250,000,000 for an
Innovative Funding Partnerships Program to be used along with
funds from non-federal interests ``in excess of the sponsor's
statutory cost share requirements'' to carry out certain
authorized projects. The Committee is disturbed by this blatant
attempt to require funding in excess of legally required cost
share as a criterion for funding decisions, which is contrary
to long-standing congressional direction. The Committee
provides no funds for this proposal. The Committee notes,
however, that any project that could have received funding
under such a program is eligible to compete for the additional
funding provided in this account based on the project
performance criteria described in this report.
New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--The Corps is directed to brief the Committee not
later than 30 days after enactment of this Act on its plan
(Alternative 2-6d) for the New Savannah Bluff Lock and Dam. As
part of the brief, at a minimum, the Corps shall provide
details on how the plan for the New Savannah Lock and Dam
complies with section 1319 of the Water Infrastructure
Improvements for the Nation Act of 2016 (Public Law 114-322);
details on the impacts of the February 2019 drawdown simulation
to the water levels along the Savannah River, including those
to local communities; any potential impacts to municipal and
industrial water supplies and recreational activities if the
plan is implemented; other options that were considered and
reasons for not selecting those options; and an analysis and
update on any pending authorization language that would
directly impact this project.
Norfolk Harbor and Channels Deepening, Virginia.--The
Committee notes construction has begun on the first element of
this project using non-federal funds and the Corps is nearing
completion of design for the next element of channel
improvements. The Committee recognizes the non-federal sponsor
is prepared to provide its cost share once federal construction
funding is received. The Corps is reminded that this project is
eligible to compete for a construction new start as provided in
this Act.
Public Law 115-123 (LERRDs).--The Corps has authority to
perform acquisition of required lands, easements, rights-of-
ways, relocations, and disposal areas (LERRDs) on behalf of a
non-federal sponsor under certain circumstances. The Committee
strongly encourages the Corps to evaluate such requests from
non-federal sponsors of projects funded under Public Law 115-
123.
Port of Brownsville Deepening Project, Texas.--The Port of
Brownsville, Texas, is undergoing a project to deepen the
channel from 42 to 52 feet. The Committee recognizes that the
project has a high benefit to cost ratio and an enthusiastic
non-federal sponsor. The Corps is reminded this project is
eligible to compete for a new construction start as provided in
this Act.
Salton Sea, California.--The Committee encourages the Corps
to expeditiously move forward to carry out section 3032 of
Public Law 110-114.
South Florida Ecosystem Restoration, Florida.--As in
previous years, the Committee provides funding for all study
and construction authorities related to Everglades restoration
under the line item titled ``South Florida Ecosystem
Restoration, Florida.'' This single line item allows the Corps
flexibility in implementing the numerous activities underway in
any given fiscal year.
Supplemental Funds.--The Committee commends the Corps for
its commitment to using supplemental appropriations to complete
projects initiated with those supplemental funds. The Committee
reminds the Corps that congressionally authorized water
resources projects that have received regular appropriations
may continue to receive annual appropriations in addition to
amounts allocated to those projects from supplemental
appropriations.
United States Virgin Islands.--The Committee notes that
persistent flooding has harmed communities and infrastructure
in the territory, as evidenced by Hurricanes Irma and Maria.
The Committee is disappointed that none of the supplemental
appropriations made available under Public Law 115-123 were
allocated for flood risk management projects in the U.S. Virgin
Islands. The Corps is reminded that it may fund such projects
out of remaining construction funds provided under Public Law
115-123, in a work plan, or in future budget requests. The
Corps is directed to brief the Committee not later than 90 days
after enactment of this Act on the status of these projects.
Whittier Narrows, California.--The Committee supports the
timely completion of the Whittier Narrows dam safety project.
The Corps is directed to submit to the Committee not later than
45 days after enactment of this Act a report detailing the
impact the project will have on the surrounding community,
which shall include efforts the Corps may consider to mitigate
the temporary and permanent disruption of the project for the
surrounding community.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2020................................... $375,000,000
Budget estimate, 2021................................. 209,863,000
Recommended, 2021..................................... 365,000,000
Comparison:
Appropriation, 2020............................... -10,000,000
Budget estimate, 2021............................. +155,137,000
This appropriation funds planning, construction, and
operation and maintenance activities associated with projects
to reduce flood damage in the lower Mississippi River alluvial
valley below Cape Girardeau, Missouri.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating work that will enhance
the nation's economic development, job growth, and
international competitiveness, or are for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in Investigations, Construction, and
Operation and Maintenance, as applicable.
Lower Mississippi River Main Stem.--The budget request
proposes to consolidate several activities across multiple
states into one line item. The Committee does not support this
change and instead continues to fund these activities as
separate line items.
Lower Mississippi River Watershed.--The Committee is aware
of negative impacts in the Mississippi River system as a result
of multiple high-water events in recent years. The Corps shall
brief the Committee on actions taken to manage the river over
the past three years and any impacts of such actions on
ecosystem restoration, navigation, flood control, water
quality, and others. The Committee has heard from stakeholders
that the construction of new water resources development
projects, improved data collection methods, and structural and
operation modifications to existing projects are critical to
better understand changing hydraulic features and to
effectively manage and respond to future high-water events, and
that a study is necessary to fully understand such
opportunities. The Committee acknowledges that authorized
comprehensive studies are eligible to compete for additional
funding provided in the account. The Committee expects any
studies, updates, and changes to be made with the appropriate
public involvement.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided for
activities within the Mississippi River and Tributaries
project.
Old River Control Structure, Louisiana.--The Corps is
reminded that studies intended to yield recommendations to
optimize the operations of riverine control structures,
including section 1224 of the America's Water Infrastructure
Act of 2018 (Public Law 115-270), are eligible to compete for
additional funding provided in this account.
OPERATION AND MAINTENANCE
Appropriation, 2020................................... $3,790,000,000
Budget estimate, 2021................................. 1,996,499,000
Recommended, 2021..................................... 3,838,000,000
Comparison:
Appropriation, 2020............................... +48,000,000
Budget estimate, 2021............................. +1,841,501,000
This appropriation funds operation, maintenance, and
related activities at water resource projects the Corps
operates and maintains. Work to be accomplished consists of
dredging, repair, and operation of structures and other
facilities as authorized in various River and Harbor, Flood
Control, and Water Resources Development Acts. Related
activities include aquatic plant control, monitoring of
completed projects, removal of sunken vessels, and the
collection of domestic, waterborne commerce statistics.
Portions of this account are financed through the Harbor
Maintenance Trust Fund.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are
present;
ability to address critical maintenance
backlog;
presence of the U.S. Coast Guard;
extent to which the work will enhance
national, regional, or local economic development,
including domestic manufacturing capacity;
extent to which the work will promote job
growth or international competitiveness;
number of jobs created directly by the
funded activity;
ability to obligate the funds allocated
within the fiscal year;
ability to complete the project, separable
element, project phase, or useful increment of work
within the funds allocated;
ability to address hazardous barriers to
navigation due to shallow channels;
dredging projects that would provide
supplementary benefits to tributaries and waterways in
close proximity to ongoing island replenishment
projects;
risk of imminent failure or closure of the
facility;
improvements to federal breakwaters and
jetties where additional work will improve the safety
of navigation and stabilize infrastructure to prevent
continued deterioration; and
for harbor maintenance activities,
total tonnage handled;
total exports;
total imports;
dollar value of cargo handled;
energy infrastructure and
national security needs served;
designation as strategic
seaports;
maintenance of dredge disposal
facilities;
lack of alternative means of
freight movement; and
savings over alternative means
of freight movement.
Additional funding provided for donor and energy transfer
ports shall be allocated in accordance with 33 U.S.C. 2238c.
The Corps is encouraged to include funding for this program in
future budget submissions.
Aquatic Nuisance Research Program.--The recommendation
provides $3,000,000 to supplement activities related to harmful
algal blooms and directs the Corps to target freshwater
ecosystems. The recommendation also provides $3,000,000 to
supplement activities related to harmful algal blooms, and the
Committee directs the Corps to work collaboratively with
appropriate university partners to address harmful algal blooms
formation, detection, and remediation to enhance protection of
vital U.S. water resources. The Committee is aware of the need
to develop next generation ecological models to maintain inland
and intracoastal waterways and provides $7,325,000 for this
purpose. Within additional funds provided, the Corps is
encouraged to support research that will identify and develop
improved strategies for early detection, prevention, and
management techniques and procedures to reduce the occurrence
and impacts of harmful algal blooms in the nation's water
resources. The Corps shall submit to the Committee not later
than 60 days after enactment of this Act a report on these
activities.
The Committee encourages the Corps to facilitate
collaboration with university partners to assess the impacts of
environmental triggers in riverine ecosystems to advance
prediction, avoidance, and remediation efforts for harmful
algal blooms.
Asian Carp Dispersal Barrier.--The Committee notes the
Asian Carp dispersal barrier at Des Plaines River is a key
control mechanism for protecting the Great Lakes from the
invasive bighead Asian carp. Over the last decade, the Corps
has invested significant resources in building a permanent
electric barrier on the Chicago Area Waterways System. However,
in the fiscal year 2020 work plan, funding was not included for
the final phase of the project, and the Corps was unable to
complete the remaining testing required to bring the barrier
online. The Committee notes that ample additional funds have
been provided in this account, for which this project can
compete. The dispersal barrier is of great importance to the
Great Lakes fishery and proceeding through the next phase of
construction is a national priority.
Asset Management/Facilities Equipment Maintenance
Program.--The recommendation provides $2,000,000 above the
request for research on novel approaches to repair and
maintenance practices that will increase civil infrastructure
intelligence and resilience.
Additionally, the Committee notes that current Corps
maintenance and repair programs are focused on existing
requirements, resulting in near-term solutions where
advancements are typically incremental rather than radical in
nature. Additional funding is included to develop new
approaches in materials research, mechanical engineering,
manufacturing that leverages integrated advances in novel
computational materials engineering, atomic-scale materials
physics, data science, and additive manufacturing to transform
the maintenance and repair process, including the ability to
remotely rehabilitate infrastructure.
Central Louisiana Ecosystem Protection and Restoration Task
Force.--The Corps is encouraged to establish the Task Force
authorized by section 7004 of the Water Resources Development
Act of 2007 to improve coordination of ecosystem restoration in
the Louisiana Coastal Area.
Coastal Inlets Research Program.--The Corps is encouraged
to work collaboratively with university partners to develop
coastal processes forecasting models and decision support tools
and to enhance evaluation and engineering guidance for nature-
based infrastructure solutions to mitigate risk to critical
infrastructure from coastal inundation.
Contaminated Sediment.--Section 312 of the Water Resources
Development Act of 1990 provides for the removal of
contaminated sediment for purpose of environmental enhancement
and water quality improvement. The Committee is aware that the
Corps has been constrained in its use of section 312 due to
liability concerns when dredging contaminated sediment but also
notes that in some instances, such as the Cano Martin Pena
project in Puerto Rico, the Corps has entered into such
agreements with success. As such, the Committee directs the
Corps, when necessary to exercise its section 312 authority, to
enter into agreements with states and localities whereby those
states and localities shall assume any liability concerns.
Should the Corps decide not to enter into such an agreement at
the request of the non-federal sponsor, the Corps is directed
to provide to the Committee not later than 45 days after its
decision an analysis of the decision and legislative
recommendations on how to provide the Corps with adequate
liability protections in such situations.
Chicago District Realignment.--The Committee is aware of
the realignment of the boundaries of the Chicago District and
recognizes that the realignment is consistent with, and
reinforces, the Corps' business model of following major
watersheds. The Committee understands the importance of
balancing workloads across different districts to achieve
efficiencies of scale. The Committee also understands that the
Corps will continue the maximum use of the Inland Navigation
Design Center in the Rock Island District for the Illinois
Waterway and other inland waterway systems. The Committee notes
that the Corps communicated with Congress and stakeholders
prior to realignment yet also acknowledges that further
stakeholder engagement may be necessary.
Dredging Operations and Environmental Research (DOER)
Program.--The recommendation provides $5,000,000 above the
request to support ongoing research and advance work with
university partners to develop standards, design guidance, and
testing protocols to improve and standardize nature-based and
hybrid infrastructure solutions.
The Engineering With Nature initiative enables more
sustainable delivery of economic, social, and environmental
benefits associated with water resources infrastructure and
involves the intentional alignment of natural and engineering
processes to efficiently and sustainably deliver economic,
environmental, and social benefits through collaborative
processes. The Committee supports this initiative and
appreciates that the budget request includes funding for these
activities.
Dredging Operations Technical Support Program.--The
Committee directs the Corps to investigate the presence,
geochemistry, and potential recovery of rare earth elements in
dredged materials and to provide to the Committee not later
than 90 days after enactment of this Act a briefing detailing
how this research can benefit the Corps' navigation mission.
Additional funding is included for the further development
of the INAV platform related to the operation and maintenance
of the U.S. Marine Transportation System.
Emerging Harbor Projects.--The recommendation includes
funding for individual projects defined as emerging harbor
projects (in section 210(f)(2) of the Water Resources
Development Act (WRDA) of 1986) that exceeds the funding levels
envisioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of WRDA
1986.
Federal Breakwaters and Jetties.--Within available funds,
the Corps is directed to continue to assess the inventory of
the structural condition of federal breakwaters and jetties
protecting harbors and inland harbors. The Corps shall provide
to the Committee not later than 90 days after enactment of this
Act a report on the status of the inventory that summarizes the
available data.
Great Lakes Navigation System.--The recommendation includes
funding for individual projects within this System that exceeds
the funding level envisioned in section 210(d)(1)(B)(ii) of
WRDA 1986.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
When Congress passed the Harmful Algal Bloom and Hypoxia
Research and Control Act (HABARCA), it created a task force
intended to coordinate the federal response to harmful algal
bloom activities. The Corps possesses key research, management,
and control capabilities in assisting the fight against harmful
algal blooms. The Corps shall provide to the Committee not
later than 120 days after enactment of this Act a briefing
identifying how it is using its expertise to target a strategic
response to the harmful algal blooms in various parts of the
nation, including its role in the interagency HABARCA Task
Force. The Corps is encouraged to continue high level
participation in the HABARCA Task Force.
Hamilton Wetlands, California.--The Committee understands
the non-federal sponsor for the Hamilton Wetlands Restoration
Project is working with the Corps to amend the Project
Cooperation Agreement to include the authorized Bel Marin Keys
project as a portion of the overall project. The Corps is
encouraged to work with the non-federal sponsor to develop and
execute an agreement that keeps the total project cost within
the authorized amount in a timely manner.
Lake Levels in the Great Lakes.--The Committee is concerned
by the high water levels on the Great Lakes and the increased
impacts that storm events have had on many Corps structures in
and around the Great Lakes region. The Committee acknowledges
that the Corps continuously assesses the condition of
structures. The Corps is reminded that it has authority to
perform work on these structures and to adjust the height of
the structures as necessary to provide the protection intended
in the original authorizations.
Lake Okeechobee.--In accordance with section 1106 of the
America's Water Infrastructure Act of 2018 (Public Law 115-
270), the Corps is currently updating the Lake Okeechobee
System Operating Manual to take into consideration the upcoming
completion of the Herbert Hoover Dike and related Everglades
restoration projects. As the Corps continues the public scoping
process and initial formulation, the Corps is encouraged to use
the best available science and appropriately weigh the concerns
of all water users to ensure the ecosystem is preserved, water
supply for the eight million residents in South Florida is
maintained, and the safety of all residents of the region is
upheld.
Levee Safety.--The Committee notes that the Corps has
authorization to carry out certain levee safety initiatives
that are funded within two remaining items, the National
(Levee) Flood Inventory and Inspection of Completed Federal
Flood Control Projects. The recommendation funds the National
Levee Flood Inventory remaining item at the capability amount,
and the Committee notes that in fiscal year 2021, all
activities associated with the National Levee Safety Program
will be funded from this remaining item. Additional funding
provided for the Inspection of Completed Federal Flood Control
Projects remaining item shall be used for the assessment of
high risk federally authorized levees. The Corps shall provide
to the Committee not later than 90 days after enactment of this
Act a briefing on its efforts to implement these initiatives.
Mississippi River Basin Coordination.--The Committee
recognizes that the Mississippi River basin from Minnesota to
Louisiana is a vital American waterway. Therefore, the
Committee urges the Corps to participate in and coordinate as
an essential federal stakeholder with the Environmental
Protection Agency on developing a Mississippi River restoration
and resiliency strategy focused on improving water quality,
restoring habitat and natural systems, improving navigation,
eliminating aquatic invasive species, and building local
resilience to natural disasters.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--Additional funding is provided to support
the structural health monitoring program to facilitate research
to maximize operations, enhance efficiency, and protect asset
life through catastrophic failure mitigation.
Mount St. Helens Sediment Monitoring.--The Committee notes
that Mount St. Helens Sediment Monitoring activities have not
been funded in the Corps work plan for the sixth consecutive
year. Yearly monitoring is vital to ensure that the sediment
retention structure can properly protect the communities in
Cowlitz County, Washington. The Committee is aware that the
lack of federal funding has led to local communities funding
sediment monitoring and encourages the Corps to include
appropriate funding in future budget submissions for this
effort.
Multimodal Utilization of Marine Transportation.--The
Committee notes that aging infrastructure poses enormous
challenges to the Corps mission and believes that advances in
navigation optimization modeling tools to integrate rail and
road modes of transit with the marine transportation system is
critical in meeting increased demand. The Committee supports
the Corps' efforts to improve the performance, efficiency, and
resilience of the nation's navigation and flood risk management
system and encourages the Corps to develop innovative system
optimization technologies for reliable water resources
infrastructure.
Okatibbee Lake, Mississippi.--The Committee is aware of
significant shoreline sloughing and erosion at this project
caused by severe storms and the resulting changing water
levels, which have the potential to impact infrastructure,
damage property, and put lives at risk. The Corps is reminded
that addressing shoreline sloughing and erosion at a Corps
project, including at locations leased by non-federal entities,
is an activity eligible to compete for additional funding
provided in this account.
Operation and Maintenance of Corps Dams.--The Corps'
operation of dams provides an affordable source of
hydroelectric power to communities across the nation and
supports wildlife habitat, as well as recreational activities
on and off the water for boaters, fisherman, swimmers, and
others. These dams also promote commercial and economic
activity by connecting communities up and down the waterways.
It is vital that these dams are maintained to ensure the
recreational and economic sustainability of local communities.
The fiscal year 2020 Act directed the Corps to provide a report
on the dredging and maintenance needs of the Walter F. George,
George Andrews, and Jim Woodruff locks and dams. The Committee
is still awaiting this report and expects to receive it in a
timely manner.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $2,000,000 shall be
to support performance based methods that enable robust
budgeting of the hydropower program through better
understanding of operation and maintenance impacts leveraging
data analytics.
Recreation Benefits.--The Committee recognizes that outdoor
recreation is a fast growing sector in the U.S. economy and
encourages the Corps, in coordination with the Office of
Management and Budget, to account for recreation-based benefits
and costs, including local and regional economic benefits, in
the benefit-cost analysis procedures for harbor maintenance,
intracoastal waterways, and inland waterways projects. Further,
the Corps is directed to submit to the Committee not later than
two years after enactment of this Act a report containing an
examination of recreation-based benefits and costs that could
be included in benefit-cost calculations, including, at a
minimum, local and regional economic benefits and economic
benefits for a non-commercial harbor that is used for
recreational purposes. The report shall also include
recommendations for uniform recreation-based economic benefit
calculations to improve the comprehensive benefit-cost analysis
procedures used for harbor maintenance, intracoastal waterways,
and inland waterways projects.
Recreation Task Force.--The Corps is one of the largest
federal providers of outdoor recreation with over 270 million
visits per year. The Corps is directed to create a Recreation
Task Force to develop a plan to maintain and enhance public
recreational opportunities at Corps projects. Not later than
one year after enactment of this Act, the Recreation Task Force
shall provide an initial report to the Committee with a
historical review of recreation use and funding within the
Corps and an assessment of the overall condition of the Corps
recreation assets, including deferred maintenance and repair
backlogs. Not later than two years after enactment of this Act,
the Corps shall provide the Committee with a final report
including proposals to address the needs identified by the Task
Force. The Corps is encouraged to solicit input and
participation from outdoor recreation stakeholders and the
public.
Regional Dredge Contracting.--In accordance with section
1111 of the America's Water Infrastructure Act of 2018 (Public
Law 115--270), the Corps is encouraged to enter into regional
contracts to support increased efficiencies in the deployment
of dredges for all Civil Works mission sets, prioritizing deep
draft navigational projects.
Regional Sediment Management.--The recommendation includes
$2,000,000 above the request to support cooperative efforts
between the Corps and academia to address compound flooding
issues. The Corps is encouraged to develop enhanced forecasting
capabilities to implement proactive strategies for flood risk
management to enhance the resiliency of coastal communities and
mitigate socioeconomic and environmental consequences of
extreme coastal hazards.
Response to Climate Change at Corps Projects.--The
Committee recognizes the need to further incorporate
assessments of climate-related risks and vulnerabilities in
Corps activities and to explore and prioritize further
mitigation opportunities. The recommendation includes
$5,000,000 to position water resources projects to be managed
as systems due to the implications of a changing climate.
River Commissions.--The Congress has made clear its intent
that the Susquehanna, Delaware and Potomac River Basin
Commissions be supported, and the Corps is encouraged to budget
accordingly in future budget submissions.
Seven Oaks Dam, California.--The Committee is aware that
non-federal entities are working with the Corps in an effort to
operate the Seven Oaks Dam, California, in a manner that would
allow water agencies along the Santa Ana River to capture water
released from the dam and recharge it into the groundwater
basin. The Committee encourages the Corps to work with non-
federal entities to coordinate releases of water behind the dam
in a manner that protects water quality, ensures that it can be
diverted for water supply purposes, and provides advance notice
to ensure habitat conservation efforts are protected.
Shoreline Management Policy.--The Committee is aware of
concerns regarding the new shoreline management policy for
Corps reservoirs within the South Atlantic Division. The Corps
is encouraged to continue working with affected local
communities and stakeholders to address those concerns,
including the use of non-potable water from reservoirs.
Sustainable Temporary Power.--The Committee is aware the
Corps utilizes mobile diesel generators as a power source in
the execution of its Civil Works and emergency response
missions. The Committee encourages the Corps to explore the use
of hybrid solar, battery, and diesel technology in its use of
mobile generators for these purposes. The Corps is directed to
brief the Committee not later than 180 days after enactment of
this Act detailing its findings.
Tampa Harbor, Florida.--The Committee recognizes the
dramatic increase in global Post-Panamax vessels utilizing
Tampa Harbor and the need to maintain the main federal channel
at its authorized depth to accommodate these vessels. The Corps
is reminded that Tampa Harbor is eligible to compete for
additional funding provided in this account.
Toledo and Lorain Harbors, Ohio.--Toledo Harbor and the
channel at the mouth of western Lake Erie serves as a major
thoroughfare to the Great Lakes navigation system, supporting
manufacturing and commerce throughout the region. The Corps is
reminded that the Toledo and Lorain Harbors are eligible to
compete for additional funding provided in this account.
Water Control Manuals.--The Corps received funding in
fiscal year 2020 to develop a comprehensive list of water
control manuals at Corps-owned projects located in states where
a Reclamation project is also located, including a prioritized
list of needed updates of those manuals. The Committee
understands that the Corps is working to complete this list
expeditiously. Within additional funds provided, the Corps may
execute water control manual updates for projects identified on
the list, including in regions impacted by atmospheric rivers
and where improved forecasting can improve water operations.
The Corps is directed to brief the Committee prior to executing
any water control manual updates.
Water Operations Technical Support (WOTS).--The
recommendation includes $5,000,000 in addition to the budget
request to continue research into atmospheric rivers first
funded in fiscal year 2015. The Corps is encouraged to
operationalize a Forecast-Informed Reservoir Operations
compatible component of the Corps Water Management System to
process ensemble and synthetic forecasts to ensure continuous
implementation of improvements in forecast skill for water
operations. Further, the recommendation includes $5,000,000 for
research into natural infrastructure options focused on
drought, flood-prone lands and post fire recovery areas in
western landscapes. The Corps is encouraged to leverage
academic partners, state and local agencies, and non-profit
organizations in the southwestern United States in this effort.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $50,000,000
to prevent, prepare for, and respond to coronavirus.
REGULATORY PROGRAM
Appropriation, 2020................................... $210,000,000
Budget estimate, 2021................................. 200,000,000
Recommended, 2021..................................... 205,000,000
Comparison:
Appropriation, 2020............................... -5,000,000
Budget estimate, 2021............................. +5,000,000
This appropriation provides funds to administer laws
pertaining to the regulation of activities affecting U.S.
waters, including wetlands, in accordance with the Rivers and
Harbors Appropriation Act of 1899, the Clean Water Act, and the
Marine Protection, Research, and Sanctuaries Act of 1972.
Appropriated funds are used to review and process permit
applications, ensure compliance on permitted sites, protect
important aquatic resources, and support watershed planning
efforts in sensitive environmental areas in cooperation with
states and local communities.
Additional Funding.--Additional funding is provided in this
account. Using these additional funds the Corps shall ensure
the timely processing of shellfish aquaculture permitting
activities. The Corps is directed to brief the Committee
quarterly on these efforts, beginning not later than 45 days
after enactment of this Act.
Compensatory Mitigation Rule.--The Committee is concerned
that the Corps may not be consistent in its implementation of
the 2008 Compensatory Mitigation Rule, based on the Corps'
publicly available data. The Committee has heard concerns that
particular districts have failed to adhere to the mitigation
hierarchy in the Rule as it pertains to the preference for
mitigation bank credits. The Corps is reminded that although
the Rule provides some discretion, the Rule is clear that this
discretion is limited and deviations from the mitigation
hierarchy must be based on scientific and technical analysis.
The Corps is directed to properly and consistently implement
the Rule, including adherence to its mitigation hierarchy and
documentation of decisions by the District Engineer regarding
which mitigation mechanism is appropriate to offset impacts
under the Rule and which sections of the Rule justify the
particular decision. The Corps shall brief the Committee not
later than one year after the enactment of this Act on steps
taken to ensure proper and consistent application of the Rule
across districts, consistent with the Committee's direction.
Chehalis Basin.--The Committee is aware that flooding has
long been a problem in the Chehalis Basin and encourages the
Corps to continue to work in coordination with the non-federal
sponsor on plans to reduce flooding in the basin. The Corps is
directed to provide quarterly briefings to the Committee, with
the first occurring not later than 90 days after enactment of
this Act.
Regional General Permits.--The Committee urges the Corps
and the National Marine Fisheries Service to continue to
evaluate appropriate mitigation options for Seattle District
Regional General Permits that take into consideration
improvements to existing structures.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
Appropriation, 2020................................... $200,000,000
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... 210,000,000
Comparison:
Appropriation, 2020............................... +10,000,000
Budget estimate, 2021............................. +210,000,000
This appropriation funds the cleanup of certain low-level
radioactive materials and mixed wastes located at sites
contaminated as a result of the nation's early efforts to
develop atomic weapons.
The Committee again rejects the budget request proposal to
transfer the Formerly Utilized Sites Remedial Action Program
(FUSRAP) to the Department of Energy. The Congress
intentionally transferred FUSRAP from the Department to the
Corps in fiscal year 1998. In appropriating FUSRAP funds to the
Corps, the Committee transferred only the responsibility for
administration and execution of cleanup activities at FUSRAP
sites where the Department had not completed cleanup. The
Committee did not transfer to the Corps ownership of and
accountability for real property interests, which remain with
the Department.
The Committee remains pleased with the current cooperation
between the Corps and the Department in carrying out the
program and expects the Department to continue to provide its
institutional knowledge and expertise to ensure the success of
this program and to serve the nation and the affected
communities. The Corps is directed to submit its fiscal year
2022 budget request using this budget structure.
The Committee continues to support the prioritization of
sites, especially those that are nearing completion. Within the
funds provided in accordance with the budget request, the Corps
is directed to complete the Remedial Investigation/Feasibility
Study of former Sylvania nuclear fuel site at Hicksville, New
York, and, as appropriate, to proceed expeditiously to a Record
of Decision and initiation of any necessary remediation in
accordance with the Comprehensive Environmental Response,
Compensation, and Liability (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2020................................... $35,000,000
Budget estimate, 2021................................. 77,000,000
Recommended, 2021..................................... 35,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. -42,000,000
This appropriation funds planning, training, and other
measures that ensure the readiness of the Corps to respond to
floods, hurricanes, and other natural disasters, and to support
emergency operations in response to such natural disasters,
including advance measures, flood fighting, emergency
operations, the provision of potable water on an emergency
basis, and the repair of certain flood and storm damage
reduction projects.
As the nation experiences severe weather events more
frequently, the Committee appreciates the work the Corps
undertakes with this funding. The Committee notes that
traditionally funding for disaster response has been provided
in supplemental appropriations legislation, including recently
in 2018 (Public Law 115-123) and 2019 (Public Law 116-20) and
that amounts necessary to address damages at Corps projects in
response to natural disasters can be significant. The
Administration is reminded that it has been deficient in
providing to the Committee statutorily-required detailed
estimates of damages to Corps projects.
Impacts of Major Flooding on Small and Rural Communities.--
The Committee recognizes that in 2019, the Midwest experienced
severe flooding that resulted in billions of dollars in
economic damage to businesses, farms, homes, and infrastructure
and that floods are again projected for 2020. The Committee
notes that many small and rural communities face unique
challenges when addressing floods as compared to urban areas.
The Committee encourages the Corps to work closely with the
Federal Emergency Management Agency, Department of Agriculture,
and Small Business Administration to aid small and rural
communities affected by flooding. The Corps shall provide to
the Committee not later than 90 days after enactment of this
Act a report on its areas of collaboration with these agencies
and others, if applicable, to assist small and rural
communities in the Midwest, with a particular focus on
activities immediately prior to, during, and after a natural
disaster.
Review of Levee Rehabilitation and Inspection Program.--
Recent flood events across our country, such as the March 2019
Missouri River basin floods, demonstrate the importance of
efficient Corps disaster response efforts. Currently, local
sponsors, including national resources districts, may face
legal constraints when making repairs to flood-related
infrastructure covered under the Public Law 84-99
Rehabilitation and Inspection Program. In some instances,
however, temporary repairs done in a matter of days by local
sponsors may have prevented further damages from occurring, and
local sponsors may be able to make certain repairs for less
cost than the federal government. Therefore, the Committee
directs the Corps to review its policies on coordinating with
and delegating to state and local partners to conduct repairs
to Corps technical and legal standards. This review shall
include an assessment of allowing operations, repairs, and
other activities, as approved by Corps District Engineers, to
be undertaken by non-federal sponsors of both federally and
non-federally constructed, locally maintained systems already
in the Public Law 84-99 program. The Corps shall provide to the
Committee not later than 90 days after enactment of this Act a
briefing of its findings.
EXPENSES
Appropriation, 2020................................... $203,000,000
Budget estimate, 2021................................. 187,000,000
Recommended, 2021..................................... 200,000,000
Comparison:
Appropriation, 2020............................... -3,000,000
Budget estimate, 2021............................. +13,000,000
This appropriation funds the executive direction and
management of the Office of the Chief of Engineers, the
Division Offices, and certain research and statistical
functions of the Corps.
Alternative Financing.--The Committee remains supportive of
public-private partnerships (P3) and is supportive of the
alternative financing mechanisms authorized in the Water
Infrastructure Financing and Innovation Act (WIFIA). However,
the Committee remains concerned with WIFIA scoring challenges,
and the Corps is directed to brief the Committee not later than
90 days after enactment of this Act on this issue.
Additionally, the Corps is reminded of the Committee's long-
standing concerns that federal funding decisions not be biased
by non-federal decisions to construct projects in advance of
federal funding or to provide funding in excess of legally
required cost shares.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $20,000,000
to prevent, prepare for, and respond to coronavirus.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2020................................... $5,000,000
Budget estimate, 2021................................. 5,000,000
Recommended, 2021..................................... 5,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
The Assistant Secretary of the Army for Civil Works
oversees the Civil Works budget and policy, whereas the Corps'
executive direction and management of the Civil Works program
are funded from the Expenses account.
The recommendation includes legislative language
restricting the availability of 75 percent of the funding
provided in this account until such time as at least 95 percent
of the additional funding provided in each account has been
allocated to specific programs, projects, or activities. This
restriction shall not affect the roles and responsibilities
established in previous fiscal years of the Office of the
Assistant Secretary of the Army for Civil Works, the Corps
headquarters, the Corps field operating agencies, or any other
executive branch agency.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. The requesting and receiving of
basic, factual information, such as budget justification
materials and statutorily required reports including execution
reports and damage repair estimates, is vital in order to
maintain a transparent and open governing process. The
Committee recognizes that some discussions internal to the
executive branch are pre-decisional in nature and, therefore,
not subject to disclosure. However, the access to facts,
figures, and statistics that inform these decisions are not
subject to this same sensitivity and are critical to the budget
process. The Administration shall ensure timely and complete
responses to these inquiries.
Further, the Administration is reminded that it has been
seriously deficient in providing to the Committee statutorily-
required reports, including detailed estimates of damages to
Corps projects and reports on the allocation and obligation of
supplemental appropriations.
Administrative Costs.--To support additional transparency
in project costs, the Secretary is directed to ensure that
future budget submissions specify the amount of anticipated
administrative costs for individual projects.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
The bill continues a provision that prohibits the
obligation or expenditure of funds through a reprogramming of
funds in this title except in certain circumstances.
The bill continues a provision prohibiting the use of funds
in this Act to carry out any contract that commits funds beyond
the amounts appropriated for that program, project, or
activity.
The bill continues a provision authorizing the transfer of
funds to the Fish and Wildlife Service to mitigate for
fisheries lost due to Corps of Engineers projects.
The bill includes a provision regarding certain dredged
material disposal activities. The Committee is aware of certain
issues regarding placement of dredge material. The Corps is
directed to brief the Committee not later than 90 days after
enactment of this Act on these activities.
The bill includes a provision regarding reallocations at a
project.
The bill includes a provision prohibiting the use of funds
in this Act to reorganize or transfer the Civil Works functions
of the Corps.
The bill includes a provision regarding eligibility for
additional funding. Whether a project is eligible for funding
under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
civil works program and for offering professional advice on its
development. Therefore, the provision clarifies that a
project's eligibility for additional funding shall be solely
the professional determination of the Chief of Engineers.
The bill includes a provision prohibiting the use of funds
in this Act for certain activities.
The bill includes a provision prohibiting the use of funds
in this Act to issue certain section 404 permits.
The bill includes a provision addressing new starts.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2020................................... $20,000,000
Budget estimate, 2021................................. 10,000,000
Recommended, 2021..................................... 20,000,000
Comparison:
Appropriation, 2020................................... - - -
Budget estimate, 2021................................. +10,000,000
The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of Public Law 102-575) provides for the completion of the
Central Utah Project by the Central Utah Water Conservancy
District. CUPCA also authorizes the appropriation of funds for
fish, wildlife, and recreation mitigation and conservation;
establishes an account in the Treasury for the deposit of these
funds and of other contributions for mitigation and
conservation activities; and establishes a Utah Reclamation
Mitigation and Conservation Commission to administer funds in
that account. CUPCA further assigns responsibilities for
carrying out that Act to the Secretary of the Interior and
prohibits delegation of those responsibilities to the Bureau of
Reclamation.
The Committee recommendation includes a total of
$20,000,000 for the Central Utah Project Completion Account,
which includes $16,700,000 for Central Utah Project
construction, $1,800,000 for transfer to the Utah Reclamation
Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission, and
$1,500,000 for necessary expenses of the Secretary of the
Interior.
Bureau of Reclamation
INTRODUCTION
The mission of the Bureau of Reclamation (Reclamation) is
to manage, develop, and protect water and related resources in
an environmentally and economically sound manner in the
interest of the American public. Since its establishment by the
Reclamation Act of 1902, Reclamation has developed water supply
facilities that have contributed to sustained economic growth
and an enhanced quality of life in the western states. Lands
and communities served by Reclamation projects have been
developed to meet agricultural, tribal, urban, and industrial
needs. Reclamation continues to develop authorized facilities
to store and convey new water supplies and is the largest
supplier and manager of water in the 17 western states and does
so in response to a changing climate that strains the very
resources that Reclamation is charged with managing,
developing, and protecting. Reclamation maintains 338
reservoirs with the capacity to store 245 million acre-feet of
water.
As Reclamation's facilities reach their design life, the
projected cost of operating, maintaining, and rehabilitating
this infrastructure continues to grow, yet Reclamation has not
budgeted funding sufficient to implement a comprehensive
program to reduce its maintenance backlog. At the same time,
Reclamation is increasingly relied upon to provide water supply
to federally-recognized Indian Tribes through water
settlements, rural communities through its Title I Rural Water
Program, and municipalities through its Title XVI Water
Reclamation and Reuse Program. Balancing these competing
priorities will be challenging and requires active
participation and leadership on the part of Reclamation and its
technical staff.
The budget request includes $21,400,000 for Colorado River
compliance activities in the fiscal year 2021 Congressional
tables for Water and Related Resources. Instead, the
recommendation funds these activities by a transfer from the
Western Area Power Administration included in section 306 of
this Act.
COMMITTEE RECOMMENDATION
The budget request for the Bureau of Reclamation totals
$1,127,875,000. The Committee recommendation totals
$1,635,875,000, which is $24,125,000 below fiscal year 2020 and
$508,000,000 above the budget request.
A table summarizing the fiscal year 2020 enacted
appropriation, the fiscal year 2021 budget request, and the
Committee recommendation is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2020 enacted FY 2021 request Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources......................... $1,512,151 $979,000 $1,487,000
Central Valley Project Restoration Fund............. 54,849 55,875 55,875
California Bay-Delta Restoration.................... 33,000 33,000 33,000
Policy and Administration........................... 60,000 60,000 60,000
-----------------------------------------------------------
Total, Bureau of Reclamation.................... 1,660,000 1,127,875 1,635,875
----------------------------------------------------------------------------------------------------------------
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2020................................... $1,512,151, 000
Budget estimate, 2021................................. 979,000,000
Recommended, 2021..................................... 1,487,000,000
Comparison:
Appropriation, 2020............................... -25,151,000
Budget estimate, 2021............................. +508,000,000
The Water and Related Resources account supports the
development, construction, management, and restoration of water
and related natural resources in the 17 western states. The
account includes funds for operating and maintaining existing
facilities to obtain the greatest overall levels of benefits,
to protect public safety, and to conduct studies on ways to
improve the use of water and related natural resources.
The budget request for this account and the approved
Committee allowance are shown on the following table:
Additional Funding for Water and Related Resources Work.--
The recommendation includes funds in addition to the budget
request for Water and Related Resources studies, projects, and
activities. Priority in allocating these funds should be given
to advance and complete ongoing work, including preconstruction
activities and where environmental compliance has been
completed; improve water supply reliability; improve water
deliveries; enhance national, regional, or local economic
development; promote job growth; advance tribal and nontribal
water settlement studies and activities; or address critical
backlog maintenance and rehabilitation activities. Funding
provided under the heading, ``Additional Funding for Ongoing
Work'' may be utilized for ongoing work, including
preconstruction activities, on projects which provide new or
existing water supplies through additional infrastructure.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $79,000,000 shall be for
water storage projects as authorized in section 4007 of Public
Law 114-322.
Of the additional funding provided under the heading
``Water Conservation and Delivery,'' not less than $25,000,000
shall be for construction activities that are ready to be
initiated for the repair of critical Reclamation canals where
operational conveyance capacity has been seriously impaired by
factors such as age or land subsidence, especially those that
would imminently jeopardize Reclamation's ability to meet water
delivery obligations.
Of the additional funds provided under ``Water Conservation
and Delivery'', $15,000,000 shall be to continue ongoing
groundwater treatment and remediation activities and to match
non-federal funds expended for similar groundwater treatment
and remediation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $40,000,000 shall be for
water conservation or infrastructure projects related to the
implementation of the agreements authorized by the Colorado
River Drought Contingency Plan Authorization Act of 2019
(Public Law 116-14) within states that are parties to those
agreements, with priority to infrastructure activities for
canal system improvements, reclaimed water reuse facilities,
new irrigation wells, and replacement irrigation wells or other
measures, programs, and projects that result in conservation of
other surface water or groundwater. Reclamation is directed to
brief the Committee not later than 180 days after enactment of
this Act on the status of carrying out these activities.
Not later than 45 days after enactment of this Act,
Reclamation shall provide to the Committee a report delineating
how the additional funds in this account are to be distributed,
in which phase the work is to be accomplished, and an
explanation of the criteria and rankings used to justify each
allocation.
Reclamation is reminded that activities authorized under
Indian Water Rights Settlements and under section 206 of Public
Law 113-235 are eligible to compete for the additional funding
provided under ``Water Conservation and Delivery.''
Reclamation is further reminded that feasibility studies
and projects within the Central Valley Project Restoration
fund, including those capable of improving water security from
drought and natural disasters, are eligible to compete for
additional funding provided in this account.
Airborne Snow Observatory Program.--The Committee notes
that Reclamation has historically provided support for snowpack
surveys through the Airborne Snow Observatory (ASO) program.
The Committee encourages Reclamation's continued support of
this important program.
Anadromous Fish Screen Program.--The Committee is concerned
that insufficient resources are being devoted to completing
work on the last two remaining priority unscreened diversions
on the Sacramento River, both of which have been specifically
identified as priorities in the California Natural Resources
Agency Sacramento Valley Salmon Resiliency Strategy.
Reclamation is reminded that these diversions are eligible to
compete for the additional funding provided in this account.
Additionally, the Committee encourages Reclamation to maintain
its focus on screening high priority diversions in the San
Joaquin River Basin.
Lower Colorado River Operations Program.--The Lower
Colorado River Operations Program supports water efficiency
activities and conservation efforts in partnership with non-
federal water users, including Minute 323 implementation and
monitoring. Reclamation is reminded that activities within this
program are eligible to compete for additional funds provided
under ``Water Conservation and Delivery.''
Snow Monitoring.--The Committee notes that water deficits
and droughts are expected to continue to occur and encourages
Reclamation to ensure continued coordination with other state
and federal agencies to utilize snow monitoring tools in a
manner that ensures proper data collection, analysis, and
processing associated with real-time measurement of snowpack
across watersheds. Reclamation is encouraged to use the best
available technology and innovative techniques for the purposes
of forecasting timing, duration, and quantities of snow-fed
water supplies to provide accurate information on water supply
levels in the 17 western states. Reclamation is reminded that
these activities are eligible to compete for the additional
funding provided under ``Water Conservation and Delivery.''
Tualatin Project, Scoggins Dam, Oregon.--The Committee
supports the budget request for preconstruction activities at
Scoggins Dam under the Safety of Dams program. Safety is the
paramount consideration regarding this project. The Committee
is encouraged that Reclamation has been using its authority
provided by Public Law 114-113 to work with non-federal joint
project partners to evaluate alternatives, including new or
supplementary works to address both dam safety modifications
and increased storage capacity. Considering the high risk
associated with Scoggins Dam, the Committee urges Reclamation
to work with local stakeholders and repayment contractors on
this joint project and continue to review measures to protect
public safety, water security, and the economic health of the
region. In addition, the Committee directs Reclamation to
expeditiously finalize the Joint Project Contributed Funds Act
agreement and cost-share agreements in order to fully account
for investments by the non-federal joint project partner, prior
to the Notice of Intent.
Western Water.--The Committee remains concerned about water
shortages and drought in the west. The Committee supports
continued investment in surface storage, desalination and water
purification projects, and the Title XVI program and
opportunities to store, reuse, and conserve water in drought-
prone regions.
White Mountain Apache Rural Water System Project.--
Reclamation is directed to continue to work with the White
Mountain Apache Tribe on the White Mountain Apache Rural Water
System project, and is reminded that this project is eligible
to compete for the additional funding provided in ``Water
Conservation and Delivery.''
Mni Wiconi Project, South Dakota.--Reclamation is directed
to continue working with the tribes and relevant federal
agencies, such as the Department of Agriculture, the
Environmental Protection Agency, the Bureau of Indian Affairs,
the Indian Health Service, and the Department of Housing and
Urban Development, to coordinate use of all existing
authorities and funding sources to finish needed community
system upgrades and connections, as well as transfers of those
systems, as quickly as possible.
Yakima River Basin Water Enhancement Project Integrated
Plan, Washington.--The Committee notes that the Yakima Basin
Integrated Plan, developed to address water storage, water
supply, and fishery and ecosystem restoration needs for
agriculture, fish, and municipalities within the Yakima River
Basin in Central Washington, was authorized by Public Law 116-
9. The Committee is supportive of the Plan and reminds
Reclamation that activities within this program are eligible to
compete for additional funds provided in this account.
Salton Sea Restoration.--The Committee supports the
Memorandum of Understanding signed between the Department of
the Interior and the California Natural Resources Agency to
support management activities at the Salton Sea. Additionally,
the Committee is concerned by the public health, environmental,
agricultural, and natural resource impacts at the Salton Sea.
The Committee encourages Reclamation to partner with federal,
state, and local agencies and coordinate use of all existing
authorities to support the State of California's Salton Sea
Management Program. Reclamation is reminded that these
activities are eligible to compete for additional funds
provided in this account.
Salton Sea Research Program.--Reclamation is reminded that
activities and projects associated with habitat improvement,
water quality, and system development, projects with a public
health benefit that will benefit economically disadvantaged
communities, and projects that take a multi-agency approach are
eligible to compete for additional funds provided in this act.
San Carlos Apache Tribe.--The Committee has heard concerns
about the status of the San Carlos Apache Tribe's Central
Arizona Project water delivery project and directs Reclamation
to provide a briefing to the Committee not later than 90 days
after enactment of this Act on the status of this project.
San Joaquin River Restoration Program.--Permanent
appropriations, newly available for the program in fiscal year
2020, should not supplant continued annual appropriations, and
the Committee encourages Reclamation to include adequate
funding in future budget submissions.
San Justo Reservoir, California.--The Committee recognizes
the benefits of the San Justo Reservoir Mussel Eradication
Project, and Reclamation is reminded that this project is
eligible to compete for the additional funding provided in
``Water Conservation and Delivery.''
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $7,075,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
Reclamation is encouraged give special consideration to
drought-prone regions and in collaboration with possible
partners in the Middle East, including Israel.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $11,791,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of Public Law 114-322.
Water Management Improvement Grants.--The Committee directs
Reclamation to ensure that all projects funded under 42 U.S.C.
10364 comply with 42 U.S.C. 10364(a)(3)(B) and to articulate
the use of the conserved water with all announcements of
funding awards. To ensure that these projects achieve
quantifiable water savings, the Committee directs Reclamation
to provide not later than 180 days after enactment of this Act
a report on how much water each grant awardee anticipated it
would conserve in fiscal year 2020, how each grant awardee
planned to use the conserved water in fiscal year 2020, and how
each grant awardee ensured that conserved water did not
increase its consumptive water use.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $12,500,000,
of which $500,000 was transferred to the Central Utah Project
Completion Account, to prevent, prepare for, and respond to
coronavirus.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2020................................... $54,849,000
Budget estimate, 2021................................. 55,875,000
Recommended, 2021..................................... 55,875,000
Comparison:
Appropriation, 2020............................... +1,026,000
Budget estimate, 2021............................. - - -
This fund was established to carry out the provisions of
the Central Valley Project Improvement Act and to provide
funding for habitat restoration, improvement and acquisition,
and other fish and wildlife restoration activities in the
Central Valley area of California. Resources are derived from
donations, revenues from voluntary water transfers and tiered
water pricing, and Friant Division surcharges. The account also
is financed through additional mitigation and restoration
payments collected on an annual basis from project
beneficiaries.
Within available funds, the Committee provides funding for
programs and activities according to the budget request. The
Committee notes that the amount for this account in the budget
request and recommendation is based on a three-year rolling
average of collections, in accordance with the authorizing
statute.
Anadromous Fish Screen Program.--The Committee
recommendation includes not less than $1,200,000 for the
Anadromous Fish Screen Program, in accordance with the budget
request. The Committee continues to be concerned with the
disconnect between funding levels requested and ultimately
allocated for the Anadromous Fish Screen Program. The Committee
urges Reclamation to maintain its focus on screening the
remaining high priority diversions from within funds made
available under the Central Valley Project Restoration Fund.
CALIFORNIA BAY DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2020................................... $33,000,000
Budget estimate, 2021................................. 33,000,000
Recommended, 2021..................................... 33,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
The California Bay-Delta Restoration account funds the
federal share of water supply and reliability improvements,
ecosystem improvements, and other activities being developed
for the Sacramento-San Joaquin Delta and associated watersheds
by a state and federal partnership (CALFED). Federal
participation in this program was initially authorized in the
California Bay-Delta Environmental and Water Security Act
enacted in 1996.
The Committee notes that this important program was
previously funded at $35,000,000 and encourages the
Administration to return to this level of funding in future
budget requests.
POLICY AND ADMINISTRATION
Appropriation, 2020................................... $60,000,000
Budget estimate, 2021................................. 60,000,000
Recommended, 2021..................................... 60,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
The Policy and Administration account provides for the
executive direction and management of all Reclamation
activities, as performed by the Commissioner's office in
Washington, D.C.; the Technical Service Center in Denver,
Colorado; and in six regional offices. The Denver and regional
offices charge individual projects or activities for direct
beneficial services and related administrative and technical
costs. These charges are covered under other appropriations.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116--136) included $8,100,000
to prevent, prepare for, and respond to coronavirus.
ADMINISTRATIVE PROVISION
The bill includes an administrative provision allowing for
the purchase of passenger motor vehicles.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The bill continues a provision regarding the circumstances
in which the Bureau of Reclamation may reprogram funds.
The bill continues a provision regarding the San Luis Unit
and Kesterson Reservoir in California.
The bill contains a provision regarding the Secure Water
Act of 2009.
The bill contains a provision regarding the CALFED Bay-
Delta Authorization Act.
The bill contains a provision regarding the Omnibus Public
Land Management Act of 2009.
The bill contains a provision regarding the Cooperative
Watershed Management Program.
The bill contains a provision regarding the Reclamation
States Emergency Drought Relief Act of 1991.
The bill contains a provision regarding the Claims
Resolution Settlement Act.
The bill contains a provision prohibiting the use of funds
in this Act for certain activities.
The bill contains a provision regarding the Omnibus Public
Land Management Act of 2009.
TITLE III--DEPARTMENT OF ENERGY
INTRODUCTION
Funds recommended in Title III provide for all Department
of Energy programs, including Energy Efficiency and Renewable
Energy; Cybersecurity, Energy Security, and Emergency Response;
Electricity; Nuclear Energy; Fossil Energy Research and
Development; Naval Petroleum and Oil Shale Reserves; the
Strategic Petroleum Reserve; SPR Petroleum Account; the
Northeast Home Heating Oil Reserve; the Energy Information
Administration; Non-Defense Environmental Cleanup; the Uranium
Enrichment Decontamination and Decommissioning Fund; Science;
Nuclear Waste Disposal; Advanced Research Projects Agency--
Energy; Innovative Technology Loan Guarantee Program; Advanced
Technology Vehicle Manufacturing Loan Program; Tribal Energy
Loan Guarantee Program; Office of Indian Energy Policy and
Programs; Departmental Administration; Office of the Inspector
General; the National Nuclear Security Administration (Weapons
Activities, Defense Nuclear Nonproliferation, Naval Reactors,
and Federal Salaries and Expenses); Defense Environmental
Cleanup; Defense Uranium Enrichment Decontamination and
Decommissioning; Other Defense Activities; the Power Marketing
Administrations; and the Federal Energy Regulatory Commission.
Committee Recommendation
The Department of Energy has requested a total budget of
$35,729,069,000 in fiscal year 2021 to fund programs in its
four primary mission areas: science, energy, environment, and
national security. The Department of Energy budget request is
$2,857,247,000 below the fiscal year 2020 level. The
recommendation provides $40,865,178,000 for the Department of
Energy, $5,136,109,000 above the budget request.
The Committee's recommendations for Department of Energy
programs in fiscal year 2021 are described in the following
sections. A detailed funding table is included at the end of
this title.
CONGRESSIONAL DIRECTION
Article I, section 9 of the United States Constitution
states, ``No money shall be drawn from the Treasury but in
consequence of Appropriations made by law.''
The Committee continues to include the Department's
reprogramming authority in statute to ensure that the
Department carries out its programs consistent with
congressional direction. This reprogramming authority is
established at the program, project, or activity level,
whichever is the most specific level of budget items identified
in this Act and the Committee report accompanying this Act. The
Committee also prohibits new starts through the use of
reprogramming and includes other direction to improve public
oversight of the Department's actions. In addition, the
recommendation continues to include a general provision
specifying which transfer authorities may be used for accounts
funded by this Act.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. Requesting and receiving basic,
factual information, including budget justification materials
and responses to inquiries, is vital in order to ensure
transparency and accountability. While some discussions
internal to the executive branch may be pre-decisional in
nature and therefore not subject to release, the Committee's
access to the facts, figures, and statistics that inform the
decisions of the executive branch are not subject to those same
sensitivities. The Committee shall have ready and timely access
to information from the Department, Federally Funded Research
and Development Centers, and any recipient of funding from this
Act. Further, the Committee appreciates the ability for open
and direct communication with all recipients of funding from
this Act, and the Department shall not interfere with such
communication.
REPROGRAMMING AND TRANSFER GUIDELINES
The Committee requires the Department to inform the
Committee promptly when a change in program execution and
funding is required during the fiscal year. The Department's
reprogramming requirements are detailed in statute. To assist
the Department in this effort, the following guidance is
provided for programs and activities.
Definition.--A reprogramming includes the reallocation of
funds from one activity to another within an appropriation. The
recommendation includes a general provision providing internal
reprogramming authority to the Department, as long as no
program, project, or activity is increased or decreased by more
than $5,000,000 or 10 percent, whichever is less, compared to
the levels in the table detailing the Committee's
recommendations for the Department's various accounts. For
construction projects, a reprogramming constitutes the
reallocation of funds from one construction project to another
project or a change of $2,000,000 or 10 percent, whichever is
less, in the scope of an approved project.
Criteria for Reprogramming.--A reprogramming should be made
only when an unforeseen situation arises, and then only if
delay of the project or activity until the next fiscal year
would result in a detrimental impact to an agency program or
priority. A reprogramming may also be considered if the
Department can show that significant cost savings can accrue by
increasing funding for an activity. Mere convenience or
preference shall not be a factor for consideration. A
reprogramming may not be employed to initiate new programs or
to change program, project, or activity allocations
specifically denied, limited, or increased by the Congress in
the Act or report.
Reporting and Approval Procedures.--In recognition of the
security missions of the Department, the legislative guidelines
allow the Secretary and the Administrator of the National
Nuclear Security Administration jointly to waive the
reprogramming restriction by certifying to the Committee that
it is in the nation's security interest to do so. The
Department shall not deviate from the levels for activities
specified in the report that are below the level of the detail
table, except through the regular notification procedures of
the Committee. No funds may be added to programs for which
funding has been denied. Any reallocation of new or prior-year
budget authority or prior-year de-obligations, or any request
to implement a reorganization that includes moving previous
appropriations between appropriations accounts must be
submitted to the Committee in writing and shall not be
implemented prior to approval by the Committee.
Transfers.--As in fiscal year 2020, funding actions into or
out of accounts funded by this Act may only be made by transfer
authorities provided by this or other appropriations Acts.
FINANCIAL REPORTING AND MANAGEMENT
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the President's budget request is submitted, a future-years
energy program that covers the fiscal year of the budget
submission and the four succeeding years, as directed in the
fiscal year 2012 Act. In addition, the Department has an
outstanding requirement to submit a plan to become fully
compliant with this requirement. The Department is directed to
provide these requirements not later than 30 days after
enactment of this Act.
Working Capital Fund.--The Department has requested
$281,894,000 for the Working Capital Fund for fiscal year 2021.
The Committee provides $281,894,000 for this purpose and
directs that if the Department transfers additional amounts to
the Working Capital Fund, notification must be provided to the
Committee in advance of any such transfer. The notification
shall identify the sources of funds by program, project, or
activity. Further, the Department shall notify the Committee
before adding or removing any activities from the fund.
Alleviation of Poverty.--In each year since fiscal year
2016, the Committee has directed the Department to provide a
report detailing all domestic and international projects and
programs within its jurisdiction that contribute to the
alleviation of poverty. The Committee is still awaiting this
report and directs the Department to provide this report not
later than 30 days after enactment of this Act.
Public Access Plan.--The Committee appreciates the
Department issuing its Public Access Plan on July 24, 2014. The
Committee urges the Department to continue efforts towards full
implementation of the plan and expects an update on progress be
included in the fiscal year 2022 budget request.
Improper Payments.--The Committee continues to be concerned
that the Department is failing in its responsibility to ensure
that contracts, including management and operating (M&O)
contracts with incurred costs valued at billions of dollars per
year, are being audited appropriately and in a timely manner
within the Department's Cooperative Audit Strategy. The
Department was directed in the fiscal year 2015 Act to carry
out a plan to improve its cost audit coverage, but the
Department has not reported any progress on issues identified
by the Department's Inspector General associated with its cost
audit coverage. The Department was also directed in the fiscal
year 2019 Act to provide the Committee with a plan for removing
the Department from the Government Accountability Office's
(GAO) High Risk List for Fraud, Waste, and Abuse for its
contract management. This report was to include plans to
improve contract auditing and the tracking of meaningful data
for fraud, waste, and abuse in its contracts. The Department
has failed to provide the plan and is directed to do so not
later than 15 days after enactment of this Act. The Department
is further directed to review its Cooperative Audit Strategy
and identify potential changes to the Strategy, including
requiring M&O contractors to have external independent audits
at least every three years, and assess any benefits and
drawbacks of potential changes. The Department shall brief the
Committee not later than 90 days after enactment of this Act on
its findings. The Comptroller General of the United States is
directed to review the Department's Cooperative Audit Strategy
and the Department's proposed changes to the strategy and
assess the adequacy of these items in meeting Government
Accountability Office (GAO) recommendations and congressional
direction. The GAO shall brief the Committee on its findings at
a schedule to be determined in consultation with the Committee.
Seismic Testing Facility.--The Committee notes that the
Department is working to complete construction and
commissioning of a seismic testing facility, including the
performance of first experiments to validate the development of
this advanced simulation tool. Once commissioning is complete,
the Committee urges the Infrastructure and Operations and the
Environment, Health, Safety and Security offices to ensure the
Department is fully educated on the opportunities afforded by
this facility, and the Committee encourages appropriate
Departmental use of the testing facility for experimental
validation of responsiveness of critical nuclear facilities to
seismic events. With many of the Department's mission-critical
facilities located in seismically active regions, it is vital
for the Department to accurately and reliably predict system
response, expected earthquake response, and potential damage to
critical nuclear facilities from earthquakes.
Commonly Recycled Paper.--The Department shall not expend
funds for projects that knowingly use as a feedstock commonly
recycled paper that is segregated from municipal solid waste or
collected as part of a collection system that commingles
commonly recycled paper with other solid waste at any point
from the time of collection through materials recovery.
Community Reuse Organizations.--The Department is reminded
of its authority to transfer excess personal property and
equipment to Department-designated Community Reuse
Organizations in order to promote economic diversification and
job creation in communities where the Department's sites are
located, and the Department is encouraged to ensure that
relevant agency employees throughout the Department are aware
of current policies to implement this authority. The Committee
directs the Department to continue personal property programs
that operated in fiscal years 2019 and 2020.
Congressional Reporting Requirements.--The Committee is
concerned by the Department's often lengthy delays in meeting
its Congressional reporting requirements. The Department is
directed to establish a tracking mechanism for all
Congressional reporting requirements, to be led by the Office
of the Chief Financial Officer. The Department shall brief the
Committee not later than 30 days after enactment of this Act on
this effort.
WORKFORCE DEVELOPMENT AND DIVERSITY
Workforce Development.--The Committee recognizes the need
to ensure that our nation has a ready, capable workforce both
for today and the next generation to meet changing energy
demands and safeguard our national nuclear security. The
Department has a long history in and unique opportunity of
training and supporting the science, technology, engineering,
and mathematics workforce. The fiscal year 2020 Act directed
the Department to provide a report that includes an inventory
of workforce development and readiness programs supported
throughout the Department. The inventory was required to
include current programs, past programs over the past 10 years,
and recommendations for the Department to improve or expand its
workforce development efforts. The report was required to
include specific recommendations addressing workforce readiness
to meet the Department's nuclear security missions. The
Committee is still awaiting this report and directs the
Department to provide this report not later than 30 days after
enactment of this Act.
The Department is encouraged to support pre-apprenticeship
and apprenticeship programs focused on technical skills needed
for positions at the national laboratories.
Workplace Diversity.--The Committee recognizes the
importance of workplace diversity at the Department and its
national laboratories. The Committee encourages the Department
to continue to develop and broaden partnerships with minority
serving institutions, including Hispanic Serving Institutions,
Historically Black Colleges and Universities, Asian and Pacific
Islander Serving Institutions, Predominantly Black
Institutions, Tribal Colleges and Universities, and other
Minority Serving Institutions. The Committee understands that
each national laboratory develops its own recruitment and
retainment strategies and provides those plans to the
Department for review. The fiscal year 2020 Act directed the
Department to comprehensively evaluate these plans and provide
a report to the Committee detailing efforts to recruit and
retain diverse talent from the institutions mentioned above.
Further, the fiscal year 2020 Act directed the Department to
provide to the Committee a report on its internal programs that
support research and development opportunities from the
institutions mentioned above. The Committee is still awaiting
these reports and directs the Department to provide these
reports not later than 30 days after enactment of this Act.
RESEARCH AND DEVELOPMENT POLICY
Research and Development Policy.--The budget request again
proposes to focus the Department solely on early-stage research
and development activities at the expense of medium- and later-
stage research and development, including deployment,
demonstration, and other approaches to spur innovation. The
Committee rejects this short-sighted and limited approach,
which will ensure that technology advancements will remain in
early-stage form and are unlikely to integrate the results of
this early-stage research into the nation's energy system.
While early-stage research and development has an appropriate
place in a balanced research portfolio, the Committee strongly
believes that a focus on only early-stage activities will
forego the nation's scientific capabilities in medium- and
later-stage research and development and will not fully realize
the technological advancements that can and should happen as a
result of the Department's applied energy activities. The
Committee provides robust funding to support a comprehensive,
balanced approach that also includes medium- and later-stage
research, development, deployment, and demonstration
activities. The Committee directs the Department to follow this
comprehensive approach in each applied energy research and
development program office and expend funding in an expeditious
manner, to include the timely issuance of funding opportunity
announcements and awards of funds. To capitalize on the
research infrastructure and expertise at universities across
the country, the Committee encourages the Department to
increase opportunities for universities to compete for funding
within the Department's portfolio of research.
CROSSCUTTING INITIATIVES
Grid Modernization.--The Department is directed to continue
the ongoing work among the national laboratories, industry, and
universities to improve grid reliability and resiliency through
the strategic goals of the Grid Modernization Initiative (GMI).
The Committee recognizes the accomplishments of over 200
partners from industry, academia, and state governments in
these efforts. The Department shall brief the Committee not
later than 90 days after enactment of this Act on the funding
profiles, portfolio of funding opportunities, programmatic
investments for the Initiative, and the roles and
responsibilities of each participating program office. The
Committee supports the Grid Modernization Laboratory Consortium
and continued implementation of the Grid Multi-Year Program
Plan (MYPP) to ensure coordination across all applied program
offices, including the additions of the Offices of
Cybersecurity, Energy Security, and Emergency Response (CESER);
Nuclear Energy (NE); and Fossil Energy (FE) to the MYPP. The
Committee directs the Department to emphasize national energy
systems resilience modeling and improved grid cyber resilience
to address emerging national resilience challenges of the grid
and related energy systems, planned investments in energy
storage to improve grid flexibility and resilience, and
advanced sensors and control paradigms that promise to improve
energy system resilience of the grid of the future. The
Committee recognizes the growing importance of training and
workforce development to support grid modernization research
and development, and the Committee directs the Department to
develop a plan for a pipeline of students, graduates, and
professors to sustain a robust grid modernization research,
design, and operations capability over the long-term. The
recommendation provides not less than $392,500,000 for GMI,
including not less than $114,500,000 from the Office of Energy
Efficiency and Renewable Energy (EERE); not less than
$172,000,000 from the Office of Electricity (OE); not less than
$90,000,000 from CESER; not less than $13,000,000 from FE, and
not less than $3,000,000 from NE.
Within available funds for GMI, the recommendation provides
not less than $4,000,000 for university-based R&D of scalable
cyber-physical platforms for resilient and secure electric
power systems that are flexible, modular, self-healing, and
autonomous.
Within available funds for GMI, the recommendation provides
up to $10,000,000 to establish a network of university-based,
regional electric power-cybersecurity centers. The centers
should address interrelated research and development challenges
of cybersecurity and critical energy infrastructure and develop
a trained, globally competitive workforce. The centers should
be distributed regionally across the country to leverage
regional utilities, national laboratories, and regulatory
bodies and consider the distinctive characteristics of each
region's electricity system, network of infrastructure, and
workforce expertise.
Within available funds for GMI, the recommendation provides
up to $9,500,000 for a pilot project to demonstrate
cybersecurity best practices and collaborations in deploying
and operating cybersecure electric vehicle charging facilities.
Public, open-source decentralized technologies like
blockchain, in combination with digital identities, are
positioned to enable innovation for advanced digital solutions
that solve various market pain points associated with the
registration, scheduling, dispatch and activation, measurement
and verification, and financial settlement of energy customers
and their devices. These digital solutions may help grid
operators, electric utilities, energy companies, and customers
to capture the full potential of investments in grid
modernization. The Committee directs the Department to
coordinate research on the opportunity and needs for new
digital solutions built with public, open-source decentralized
technologies to support electric grid modernization efforts.
These research efforts should include state regulatory and
consumer privacy components.
The Committee is concerned about the increasing frequency
of severe weather events that have the capability to cause
power outages and disable the electric grid. While the ability
to forecast and model extreme weather events has drastically
improved in recent decades, most power grid operators lack
similarly sophisticated tools to combine specific weather
forecasts and data on state and regional grid infrastructure to
better predict where specifically outages will be most severe.
GMI has excelled in recent years at working with public and
private partners to develop the concepts, tools, and
technologies needed to measure, analyze, predict, protect, and
control the grid of the future. The Committee strongly
recommends that the GMI include efforts to develop regional
predictive models of weather-caused power outages in its next
Grid Modernization Lab Call and MYPP to address this pressing
need.
The Committee understands the benefits that natural gas
demand response could bring to the electric grid, including
reducing energy costs and emissions. The recommendation
provides up to $15,000,000, including not less than $10,000,000
from FE, for natural gas demand response pilot programs to be
developed by gas utilities, state public utility commissions,
and local distribution companies. The Committee encourages the
Department to prioritize funding of pilots that have the
potential to advance real-time deployment and testing of new
technologies that could be used to monitor the effectiveness of
natural gas demand response.
Energy Storage.--The Committee supports the Department's
ongoing efforts to formulate the Energy Storage Grand Challenge
initiative to build on and coordinate the Department's prior
research, development, and demonstration efforts in energy
storage to accelerate the development, commercialization, and
utilization of next-generation energy storage technologies.
The Committee directs the Department to publish not later
than 180 days after enactment of this Act a crosscutting R&D
roadmap and implementation plan to illustrate the Energy
Storage Grand Challenge's goals through 2030, focusing efforts
on a diverse set of energy storage technologies and in
coordination among EERE, OE, FE, NE, and the Office of Science.
The R&D roadmap shall include a focus on the technical,
regulatory, and market issues necessary to achieve technology
goals, and the implementation plan shall include a breakdown of
the roles and responsibilities of each participating program
office. The Department is directed to provide quarterly
briefings to the Committee on these efforts, starting not later
than 90 days after enactment of this Act.
The recommendation provides not less than $205,000,000 for
energy storage, including not less than $97,000,000 from EERE,
not less than $75,000,000 from OE, not less than $5,000,000
from FE, not less than $4,000,000 from NE, and not less than
$24,000,000 from the Office of Science.
The recommendation provides for not less than one pilot
energy storage project that demonstrates business model
innovation targeted at cost-effective deployment through
aggregation in rural electric cooperatives. The Department is
encouraged to focus on reducing the soft costs of novel project
design and optimization and developing legal and power purchase
model agreements that can be replicated in cooperatives
elsewhere in the nation, reducing future costs for deployment
of energy storage projects.
Critical Minerals.--The modern global economy has
increasingly come to depend on access to a number of critical
materials that were not widely used or considered essential to
manufacturing just a few decades ago. Given that growing
dependency, the Committee appreciates the Department's
elevation and coordination of the existing critical minerals
activities across the Department through the newly established
Critical Minerals Initiative. The Department shall brief the
Committee not later than 90 days after enactment of this Act on
the funding profiles, portfolio of funding opportunities,
programmatic investments, and roles and responsibilities of
each participating program office. The recommendation provides
not less than $107,500,000 for activities related to critical
minerals, including not less than $52,000,000 from EERE,
$29,500,000 from FE, not less than $1,000,000 from NE, and not
less than $25,000,000 from the Office of Science.
Plastics Innovation Challenge and Revolutionizing Polymer
Upcycling.--In fiscal year 2020, the Department launched the
Plastics Innovation Challenge with the stated goal of reducing
the energy costs associated with the current lifecycle of
plastics; developing new polymers that are recyclable-by-
design; and developing biological and chemical methods to
deconstruct plastic waste, including from rivers and oceans,
into useful chemical feedstock streams. While these are
important goals, the Committee continues to be concerned about
partnerships, relationships with sponsoring institutes, and
implementation of the program. The Committee remains concerned
with certain partnerships under this initiative and that the
focus of this research may result in promoting the use of more
plastic, not less.
In the fiscal year 2021 budget request, EERE proposes
activities to explore novel feedstocks, technologies, and
approaches to economically deconstruct existing plastics;
increase opportunities for upcycling; develop infinitely
recyclable polymers; and to make better use of renewable
chemicals and biodegradable alternatives to traditional
plastics. In the fiscal year 2021 budget request, the Office of
Science proposes activities to discover the chemical and
biological pathways for transforming polymers and synthesizing
high-value chemicals or new polymers. The Committee is
concerned about the lack of coordination and a cohesive
research agenda for these activities and directs the Department
to provide to the Committee a report that describes a
coordinated research plan for activities within EERE, the
Office of Science, and any other relevant program office. The
research plan shall include the roles and responsibilities for
each program office. The report shall be provided not later
than 90 days after enactment of this Act and prior to any funds
being obligated for these purposes.
The recommendation provides not more than $35,000,000 for
research activities related to plastics and polymers, including
up to $20,500,000 from EERE and up to $14,500,000 from the
Office of Science.
Integrated Energy Systems.--The Committee supports the
integrated energy systems activities of EERE, FE, and NE with
the purposes of maximizing energy production and efficiency;
developing energy systems involving the integration of nuclear
energy with renewable energy, fossil energy, and energy
storage; and expanding the use of emissions-reducing energy
technologies into nonelectric sectors to achieve significant
reductions in environmental emissions. The recommendation
provides not less than $15,000,000 for activities related to
integrated energy systems, including not less than $5,000,000
from FE and not less than $10,000,000 from NE. The Department
is directed to submit to the Committee not later than 90 days
after enactment of this Act a report that details a potential
research agenda of integrated energy systems activities,
including estimated funding levels for those activities and the
roles and responsibilities of each participating program
office. The Department is directed to coordinate all integrated
energy systems activities across FE, NE, EERE, and any other
relevant program office.
Negative Emissions Technologies.--Negative emissions
technologies, also referred to as carbon dioxide removal
technologies, aim to remove and sequester excess carbon from
the atmosphere, and these technologies have been identified as
an important part of the portfolio of responses to climate
change. The fiscal year 2020 Act directed the Department to
develop an implementation plan coordinated across EERE, FE, and
the Office of Science. The Committee is still awaiting this
plan and directs the Department to provide the plan not later
than 30 days after enactment of this Act. The Department is
directed to include a breakdown of the roles and
responsibilities of each participating program office in the
implementation plan. The recommendation provides not less than
$95,000,000 for research and development of negative emissions
technologies, including not less than $20,000,000 from EERE,
not less than $50,000,000 from FE, and not less than
$25,000,000 from the Office of Science. Within available funds
for negative emissions technologies, the recommendation
provides not less than $40,000,000 for direct air capture,
including not less than $10,000,000 from EERE, not less than
$20,000,000 from FE, and not less than $10,000,000 from the
Office of Science.
Emissions Reductions.--The Committee directs the Department
to take into consideration the projected reductions in
greenhouse gas emissions when selecting activities and projects
for funding within EERE, OE, NE, and FE. The Department shall
not fund projects within EERE, OE, NE, and FE, that do not
demonstrate potential for emissions reductions or improved
environmental performance.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Appropriation, 2020................................... $2,790,000,000
Budget estimate, 2021................................. 719,563,000
Recommended, 2021..................................... 2,848,000,000
Comparison:
Appropriation, 2020............................... +58,000,000
Budget estimate, 2021............................. +2,128,437,000
The Committee recommends a net appropriation of
$2,848,000,000 for Energy Efficiency and Renewable Energy
(EERE). The recommendation also includes a rescission of
$2,240,293 of unused, previously appropriated funds. EERE
programs include research, development, demonstration, and
deployment activities that advance energy efficiency and
renewable energy technologies, as well as federal energy
assistance programs. Since the early 1970s and in partnership
with business, industry, universities, research labs, and
stakeholders, EERE has spurred innovation of affordable,
renewable energy and energy efficiency technologies critical to
combating climate change. EERE remains at the forefront of
clean energy innovation, implementing a range of strategies
aimed at reducing U.S. reliance on fossil fuels that is saving
American families and businesses money, creating jobs, and
reducing pollution.
The EERE program is divided into three portfolios:
sustainable transportation, renewable energy, and energy
efficiency. The sustainable transportation portfolio, which
consists of the vehicles, bioenergy, and hydrogen and fuel cell
programs, advances the development of plug-in electric and
other alternative fuel vehicles, high-efficiency advanced
combustion engines, and the replacement of oil with clean
domestic transportation fuels. The renewable energy portfolio,
which consists of the solar, wind, water, and geothermal
programs, aims to develop innovative technologies to make
renewable electricity generation cost competitive with
traditional sources of energy. The energy efficiency portfolio,
which consists of the advanced manufacturing, buildings, and
federal energy assistance programs, seeks cost-effective
solutions to reduce energy consumption in plants, buildings,
and homes.
Additional Programmatic Direction.--Additional direction
related to Department-wide crosscutting initiatives is provided
under the heading Crosscutting Initiatives in the front matter
of Department of Energy.
Research and Development Policy.--The Department is
reminded that the research and development (R&D) policy
contained in the front matter of Title III of this report
specifically applies to each program within EERE. The
Department shall provide the Committee with the specific
breakdowns for R&D stages for both funds that are allocated
according to this report and any funds that are not allocated
by this report for each program.
The Commonwealth of Puerto Rico and the U.S. Virgin
Islands.--The Committee directs the Department to offer
technical and other programmatic assistance to the Commonwealth
of Puerto Rico for the assessment and implementation of
innovative technologies with the capability of combining
different infrastructure systems in an integrated manner to
effectively mitigate power plant emissions, efficiently treat
and reuse wastewater, produce biofuels, and generate power from
solid waste. In addition, the Committee directs the Department
to offer technical and other programmatic assistance to the
Commonwealth of Puerto Rico and the U.S. Virgin Islands in
assessing the feasibility of a Puerto Rico/U.S. Virgin Islands
subsea electric cable interconnection. The Department is
directed to brief the Committee not later than 90 days after
enactment of this Act on the status of, and future plans for,
these efforts.
DOE and USDA Interagency Working Group.--The Committee
looks forward to expeditiously receiving the report on research
collaborations with the U.S. Department of Agriculture (USDA),
including at national laboratories, that was required by the
fiscal year 2020 Act. The Committee supports the establishment
of the interagency working group to promote energy and develop
technologies that will support and advance agricultural
communities and domestic manufacturing, as required by the
Agriculture Improvement Act of 2018. Both agencies have unique
roles in assisting the nation in integrating alternative fuels
and energy efficiency savings throughout our economy. The
Committee directs the working group to pursue joint activities
related to the research and development of affordable,
deployable, resilient energy and water efficient technologies
for four-season food production platforms that can serve
undernourished regions of the country. The Committee further
directs the working group to pursue joint activities related to
the energy and water efficiency of other agricultural
platforms, irrigation systems, wastewater treatment facilities,
and greenhouses. To achieve this, the Committee encourages
collaboration between USDA's Office of Urban Agriculture and
Innovative Production, the Agricultural Research Service, the
Natural Resources Conservation Service, and the National
Institute of Food and Agriculture and various DOE offices
including, but not limited to, EERE, Advanced Research Projects
Agency--Energy, the Office of Science, and Fossil Energy.
Clean Energy Workforce.--The Committee believes a skilled
workforce is critical to the successful transition to a clean
energy economy and long-term sustainability of energy efficient
and renewable energy technologies. The Committee encourages the
Department to continue to work with two-year, community and
technical colleges, labor, and non-governmental and industry
consortia to pursue job training programs, including programs
related to building retrofits and the construction industry and
programs focused on displaced fossil fuel workers that lead to
an industry-recognized credential in the energy workforce.
Zero Emissions Energy Credit.--The Committee notes that in
the fiscal year 2018, 2019, and 2020 Acts the Department was
directed to produce a report to evaluate the effects of a Zero
Emissions Energy Credit. The Committee directs the Department
to provide this report not later than 15 days after enactment
of this Act.
Underserved Communities.--The Department is directed to
continue to expand its work to lower barriers for the adoption
of renewable energy and other low emissions technologies for
low-income households, renters, multi-family homes, and
racially diverse communities. The Department shall provide to
the Committee not later than 90 days after enactment of this
Act a briefing on its current efforts to lower barriers for
adoption of renewable energy in low-income, racially-diverse,
and historically underserved communities to include an update
on its electric vehicle community partner projects that support
charging infrastructure deployment in urban areas, particularly
in underserved and disadvantaged communities.
Energy Star.--The Committee supports the Department's
ongoing role in the Energy Star program in its current
structure.
SUSTAINABLE TRANSPORTATION
The Vehicle, Bioenergy, and Hydrogen and Fuel Cell
Technologies programs fund activities that can reduce American
dependence on oil. Annually, vehicles transport 11 billion tons
of freight or about $35,000,000,000 worth of goods each day and
move more than three trillion vehicle miles. Research into
cutting-edge technologies that will increase the fuel economy
of gasoline and diesel fuel vehicles--the vast majority of
today's fleet--will allow Americans to spend less on fuel while
traveling the same distance. Research into next-generation
automotive and fuel cell technologies that power vehicles with
domestic energy sources such as natural gas, electricity,
biofuels, and hydrogen can likewise dramatically lower the
impact of gas prices on Americans.
Coordination.--The Committee directs the Vehicle,
Bioenergy, and Hydrogen and Fuel Cell Technologies offices to
continue to work closely to develop common metrics to evaluate
and compare the costs and energy consumption of advanced
transportation technologies with existing technologies and to
support a broad portfolio of vehicle technology innovation with
a focus on demonstration, field validation, and market
transformation activities.
Vehicle Technologies.--The recommendation provides
$396,000,000 for Vehicle Technologies. Within available funds,
the recommendation includes $175,000,000 for Batteries and
Electric Drive Technology and not less than $40,000,000 for
electric drive research and development to include
electrification technologies. The recommendation provides
$20,000,000 to launch the SuperTruck III program and $1,000,000
to complete the EcoCAR Mobility Challenge.
The Committee directs the Department to continue to support
the Clean Cities program, including competitive grant
solicitations to support alternative fuel, infrastructure, and
vehicle deployment activities. Within available funds, the
recommendation provides $43,000,000 for Deployment through the
Clean Cities Program. When issuing competitive grants in
support of these activities, the Department is encouraged to
focus on awards that range from $500,000 to $1,000,000 and
include at least one Clean Cities coalition partner. The
Committee encourages the Department to ensure balance in the
award of funds to achieve varied aims in fostering broader
adoption of clean vehicles and installation of supporting
infrastructure. The Committee encourages the Department to
explore ways in which the Clean Cities Program can leverage
funding to provide greater support for electrification efforts,
recognizing the strong emissions reduction and public health
benefits delivered by electrification.
Within available funds for Technology Integration, Data,
Modeling, and Analysis, the recommendation provides not less
than $10,000,000 to fund a pilot Clean School Bus Grant Program
in cooperation with current Electric Vehicle Community Partner
Projects. The pilot program shall focus on replacing old diesel
school buses with alternative fuel school buses, to include
electric school buses. As part of this pilot, the Department
shall consider deployment of recharging infrastructure,
planning and technical assistance to school districts, and
workforce development and training.
Within available funds, the Committee includes up to
$10,000,000 for medium- and heavy-duty on-road natural gas
engine research and development, including energy efficiency
improvements, emission after-treatment technologies, fuel
system enhancements, and new engine development. The
recommendation also includes $10,000,000 to continue to support
improving the energy efficiency of commercial off-road
vehicles, of which up to $5,000,000 is for fluid power systems.
The Committee encourages continued research and development
as appropriate in advanced combustion and vehicle engine
technology efficiency in propane engines used for light- and
medium-duty applications. The recommendation provides up to
$5,000,000 for research on direct injection, engine technology,
and use of dimethyl ether as fuel.
Within available funds, the Committee recommends
$10,000,000 for section 131 of the 2007 Energy Independence and
Security Act for transportation electrification.
The Committee supports the Department's continued work on
electric air flight through its national laboratories and with
the National Aeronautical Space Administration (NASA). The
Department is directed to provide to the Committee not later
than 180 days after enactment of this Act a report, developed
in cooperation with NASA, that discusses battery storage needs,
challenges, and opportunities in electric air flight. The
Committee encourages efforts to overcome technological barriers
in demonstrating the capability of higher energy density
batteries, development of new, lower cost materials, and the
establishment of testing methods and protocols.
The Department shall provide to the Committee not later
than 270 days after enactment of this Act a report with
recommendations to enhance domestic manufacturing of battery
technologies to include recommendations on reducing the size of
vehicle batteries and reducing the use of cobalt.
The Committee encourages continued outreach and deployment
activities of renewable natural gas and natural gas-powered
vehicles.
The Department is reminded that the fiscal year 2020 Act
directed a report on describing research and development
activities applicable to two-stroke opposed piston engines
within the Vehicle Technologies Office and how this research
differs from ongoing work within the Department and other
agencies. The Committee looks forward to receiving this report
expeditiously.
The Committee supports existing work to develop a lifecycle
model that fully evaluates energy and emission impacts of
advanced and new transportation fuels, the fuel cycle from well
to wheel, and the vehicle cycle through material recovery and
vehicle disposal. The Committee encourages further research to
develop standardized modeling that establishes a tool that can
be used for future lifecycle analysis reporting and accounting.
Bioenergy Technologies.--The recommendation provides
$258,000,000 for Bioenergy Technologies. The recommendation
provides not less than $40,000,000 for feedstock supply and
logistics, of which $5,000,000 is for upgrades at the Biomass
Feedstock National User Facility. The recommendation provides
$40,000,000 for advanced algal systems.
Within available funds for Conversion Technologies, the
recommendation provides $20,000,000 to continue the Agile
Biology Foundry.
The Committee is supportive of current Bio-Restore efforts
and directs continued research on carbon storage in forest
lands and the impacts of different forest management practices
that may result in preservation and expansion of forests and
grasslands.
The Committee is appreciative of research that the
Department has supported regarding wet and gaseous waste
streams in waste-to-energy projects. The Committee remains
interested in understanding how further research and
development activities can support baseload power generation
using municipal solid waste-to-energy technologies, including
to lower the energy costs of wastewater treatment plants. The
Department is reminded that the fiscal year 2018 Act required a
report on research and development activities that can improve
the economic viability of municipal solid waste-to-energy
facilities. The Committee looks forward to receiving this
report promptly.
The Committee encourages the Department to focus on
defining and meeting technical targets that reduce the costs of
sustainable aviation fuels through the conversion of low-cost
waste carbon as feedstocks. These efforts should consider
relevant global supply chains and should be coordinated with
national laboratories, other federal agencies, the aviation
industry, and universities.
Hydrogen and Fuel Cell Technologies.--The recommendation
provides $150,000,000 for Hydrogen and Fuel Cell Technologies.
Within available funds, the Committee recommends not less than
$51,000,000 for Systems Development and Integration, of which
not less than $10,000,000 is for Safety, Codes, and Standards
and up to $10,000,000 is for industry-led manufacturing,
research, development, and deployment, with a focus on fuel
cell stack manufacturing cost reduction. Within available
funds, $15,000,000 is provided to cost share the Office of
Nuclear Energy hydrogen demonstration project. The
recommendation provides $25,000,000 for Fuel Cell Technologies
with a focus on reducing fuel cell system cost and improving
overall system efficiency and durability.
The Committee remains supportive of H2@Scale activities
that enable wide-scale hydrogen production and use as well as
resiliency of power generation and transmission, and the
recommendation provides not less than $80,000,000 for these
activities. The Department is encouraged to pursue research on
large-scale low carbon intensity hydrogen production, including
next-generation liquefaction plants, large-scale hydrogen
storage, and development systems and equipment for the delivery
of hydrogen, including pipelines. Further, the Department is
encouraged to research ways to reduce the cost of hydrogen fuel
production, storage, and distribution, including lowering the
cost and improving durability of key infrastructure hardware.
The Department is directed to continue to research novel
onboard hydrogen tank systems, as well as trailer delivery
systems to reduce cost of delivered hydrogen and to work with
the Department of Transportation on coordinating efforts to
deploy hydrogen fueling infrastructure.
RENEWABLE ENERGY
The Solar Energy, Wind Energy, Water Power, and Geothermal
Technologies programs fund applied research, development,
demonstration, and deployment to reduce the cost of renewable
energy to economically competitive levels. Research into
innovative technologies, such as photovoltaic and concentrating
solar technologies, offshore wind, hydropower, and ground heat,
can expand energy production from our domestic resources and
reduce our dependence on foreign oil. Research efforts have led
to affordability and growth in adoption of renewable energy
alternatives. Wind has become the cheapest energy source in
many regions of the country and since 2010, the average price
of wind energy has dropped by 84 percent. In little more than a
decade, solar technology now powers more than nine million
homes in the United States.
Solar Energy.--The recommendation provides $280,000,000 for
Solar Energy. Within available funds, the recommendation
provides $55,000,000 for Concentrating Solar Power
Technologies, $77,000,000 for Photovoltaic Technologies,
$60,000,000 for Manufacturing Competitiveness, and $35,000,000
for Balance of System Soft Cost Reduction. Within funds for
Concentrating Solar Power Technologies, $5,000,000 is provided
for a demonstration on advanced thermal desalination
technologies.
Within funds for Balance of System Soft Cost Reduction,
$1,000,000 is for the Solar Ready Vets program and $5,000,000
is for the National Community Solar Partnership program to
provide technical assistance to low and moderate income
individuals, businesses, non-profit organizations, and state,
local, and tribal governments to increase use of community
solar installations.
The Committee recognizes the importance of improving the
reliability and lifetime of photovoltaic systems and encourages
the Department to continue to focus on this priority. The
recommendation provides $20,000,000 to advance U.S. leadership
in cadmium telluride based solar cell technologies. The
Department is directed to provide to the Committee not later
than 120 days after enactment of this Act a briefing on its
efforts to work cooperatively with industry, university, and
laboratory partners and efforts to develop strategies and
technologies to support continued evolution and success. The
briefing shall include an outline of a policy roadmap to
demonstrate how this domestic industry can remain competitive
globally while ensuring that cadmium telluride is produced as
part of a robust American supply chain and include how funds
provided in the fiscal year 2020 were utilized for cadmium
telluride technologies.
The recommendation provides $20,000,000 for a competitive
solicitation on perovskites research focused on manufacturing,
durability, sustainability, and reducing market barriers,
development costs, and technology risks.
Wind Energy.--The recommendation provides $104,000,000 for
Wind Energy. Within available funds, not less than $10,000,000
is for the Department's work on distributed wind technologies,
with a focus on smaller systems for rural communities.
The recommendation provides $1,000,000 for the Wind for
Schools program.
The Committee is aware of the growing interest in offshore
wind technology and the need to address key challenges
including offshore wind energy infrastructure, supply chain,
and transmission issues. The recommendation provides $5,000,000
for a competitive solicitation for a Center of Excellence
focused on regional and national strategies to accelerate and
maximize the effectiveness, reliability, and sustainability of
U.S. offshore wind deployment and operation with partners from
institutions of higher education, research institutions,
national laboratories, the private sector, and state and local
governments relevant to emerging commercial scale offshore wind
deployments. The mission of the Center of Excellence shall not
overlap with the mission of the National Offshore Wind Research
and Development Consortium.
Within available funds, not less than $4,000,000 shall be
for work on additive manufacturing of large offshore wind
blades.
The Committee encourages continued work on the advanced
Next-Generation, High-Efficiency, Lightweight Wind Turbine
Generator program as early design work has yielded promising
results.
The Committee encourages the Department to continue its
efforts to decrease the costs and improve performance of land-
based wind technologies, to address barriers to deployment of
wind turbines with blade lengths greater than 75 meters, and to
explore opportunities to improve recycling of wind energy
equipment, including to enhance recovery of critical materials.
Water Power.--The recommendation provides $145,500,000 for
Water Power. Within available funds, the recommendation
provides not less than $98,000,000 for marine and hydrokinetic
technologies. The Committee supports the Department's emerging
focus on bringing marine energy to meet near-term opportunities
in the blue economy, thereby accelerating marine energy grid
readiness. The recommendation supports research and
development, testing, and partnership activities for the
Powering the Blue Economy initiative. The Committee encourages
the Department to continue to use existing core capabilities
within its national laboratories to execute this work, in
partnership with universities and industry.
Within available funds, the Committee provides $40,000,000
for a balanced portfolio of competitive solicitations to
support industry- and university-led research, development, and
deployment to validate the performance, reliability,
maintainability, environmental impact, and cost of marine
energy technology components, devices, and systems at a variety
of scales. The Committee is concerned that uncertainty in
frequency of and access to competitive awards has a unique
effect on university capacity to drive needed foundational
research and develop the skilled workforce to accelerate marine
energy commercialization efforts. The Department is encouraged
to consider the need to create a pipeline of well-trained
students when determining competitive solicitations.
Within available funds, up to $10,000,000 is provided to
address infrastructure needs at marine energy technology
testing sites. The Department shall continue its coordination
with the U.S. Navy on marine energy technology development for
national security applications at the Wave Energy Test Site and
other locations.
The recommendation provides not less than $39,000,000 for
conventional hydropower, of which $7,000,000 is for the
purposes of section 242 of the Energy Policy Act of 2005.
The Committee supports the Department's scoping activities
to investigate establishing a hydropower test facility.
The Committee encourages continued research, development,
and demonstration of closed-loop pumped storage technologies,
projects to improve watershed and ecosystem health, and
foundational research to address engineering and operational
challenges to wave and tidal power including system design and
validation.
The Department is directed to continue research,
development, demonstration, and deployment efforts related to
innovative, more efficient fish passage technologies and
invasive fish species removal. Further, the Committee
encourages close coordination between the Department, Corps,
Reclamation, and other relevant agencies and industry to reduce
the amount of time to permit and deploy new fish passage and
invasive fish species removal technologies in rivers and
waterways.
The Committee notes the emergence of Ocean Thermal Energy
Conversion (OTEC) and Sea Water Air Conditioning (SWAC) systems
in the United States and the potential to produce sustainable
electricity, reduce carbon dioxide emissions, and diversify
fuel options while creating job opportunities. The Department
is directed to submit not later than 180 days after enactment
of this Act a report on completed, ongoing, and planned OTEC
and SWAC projects in non-contiguous states and U.S.
territories. The report should also include recommendations to
address barriers to expanding OTEC and SWAC technologies.
Geothermal Technologies.--The recommendation provides
$108,500,000 for Geothermal Technologies. The Department is
directed to continue its efforts to identify prospective
geothermal resources in areas with no obvious surface
expressions. Within available funds, up to $10,000,000 is
provided for at least one demonstration project in an area with
no obvious surface expressions. The Department is further
directed to fund at least one demonstration of geothermal
technologies for innovative distribution of ground source
heating and cooling of district heating systems. The Department
is encouraged to work with the Department of the Interior on
opportunities to improve geothermal permitting.
Within available funds, up to $20,000,000 is provided for
the continuation of activities of the Frontier Observatory for
Research in Geothermal Energy (FORGE).
ENERGY EFFICIENCY
The Advanced Manufacturing, Building Technologies, Federal
Energy Management, and Weatherization and Intergovernmental
programs advance cost-effective solutions to reduce energy
consumption through increased efficiency. Research into
cutting-edge technologies that enhance manufacturing processes,
develop advanced materials, and reduce energy use in buildings,
homes, and factories can serve the national interest by greatly
reducing our energy needs, while also giving American
manufacturers an advantage to compete in the global
marketplace.
Advanced Manufacturing.--The recommendation provides
$395,000,000 for Advanced Manufacturing. The Committee provides
not less than $5,000,000 for improvements in the steel
industry; $25,000,000 for the Critical Materials Institute;
$25,000,000 for the Energy-Water Desalination Hub; and
$25,000,000 for the Manufacturing Demonstration Facility (MDF)
and the Carbon Fiber Test Facility. Within available funds for
the MDF, up to $5,000,000 is for the development of processes
for hybrid materials solutions with prescribed microstructural
and mechanical properties to enable born qualified and
certified components. The Committee supports the Department's
ongoing efforts with the MDF to work on bio-based composites,
bio-derived materials, and nano/microcellulose research to
further capabilities for large scale additive manufacturing.
The Committee provides $14,000,000 for the Clean Energy
Manufacturing Innovation Institutes. The Department is directed
to brief the Committee not later than 60 days after enactment
of this Act on the status of the Institute for Cybersecurity in
Energy Efficient Manufacturing.
The Committee provides $20,000,000 for process-informed
science, design, and engineering of materials and devices in
harsh environments, including nuclear environments, and
$10,000,000 for dynamic catalyst science coupled with data
analytics.
Within available funds for the Industrial Technical
Assistance program, the Committee recommends $12,000,000 to
provide ongoing support for the Combined Heat and Power (CHP)
Technical Assistance Partnerships (TAP) and related CHP
Technical Partnership activities, including $5,000,000 for TAPs
and $7,000,000 for related CHP activities, including research
and development opportunities. The Committee recommends
$12,000,000 to expand the technical assistance provided by the
Industrial Assessment Centers.
The Committee recognizes the great potential for energy
savings in water and wastewater treatment systems, which are
among the country's largest industrial electricity users. The
Committee appreciates the Department's work on technical
assistance in this area, and the recommendation provides
$5,000,000 for technical assistance for water and wastewater
treatment. In addition, the Committee provides $20,000,000 for
research and development on technologies to achieve energy
efficiency at water and wastewater treatment plants, including
the deployment of alternative energy sources and the use of
biosolids or algae treatment.
The Committee recognizes the need to retain American
competitiveness in building the vehicles of the future and to
rebuild the domestic automobile industry. Therefore, the
Committee recommends $10,000,000 for the development of
advanced tooling for lightweight automotive components to lead
the transition to electric vehicle and mobility solutions to
meet the national urgency for market adoption. This funding
shall also support activities to carry out industry outreach to
identify and report on the breadth of need and potential
applicants for such grants.
Within available funds, the Committee provides not less
than $10,000,000 for continued work on battery manufacturing
research and development that includes strong end user
participation.
The Committee notes that drying processes consume
approximately 10 percent of the process energy used in the
manufacturing sector. The recommendation provides up to
$10,000,000 for the issuance of a competitive solicitation for
university- or industry-led teams to improve the efficiency of
industrial drying processes and foster new and innovative
drying technologies.
The Committee encourages the Department to support
improving steel industry competitiveness by integrating
advanced 3D computer simulation and visualization, augmented
reality and virtual reality, machine learning, and similar
technologies for both research and workforce development, as
well as collaboration with academic institutions and the steel
industry.
The Committee directs the Department to provide to the
Committee not later than 60 days after enactment of this Act a
briefing on the status of its decarbonization roadmaps in key
technology areas to guide research and development at the
Department to achieve significant, economical greenhouse gas
emission reductions by 2050, including energy efficiency,
process electrification, industrial electrification
technologies, and carbon capture.
The Committee encourages research and development on carbon
capture, utilization, and storage with an emphasis on reuse
utilization within industry processes and materials, low-carbon
fuels, transformative technology that will allow deep
industrial decarbonization, materials efficiency and circular
economy, carbon intensity definitions and labeling across key
product groups, and the steel industry.
The Committee recognizes the growing need for the use of
more sustainable chemistry in consumer and commercial products,
which can create significant value as an economic opportunity
for U.S. manufacturing. The Committee provides up to $5,000,000
for efforts related to sustainable chemistry. The Department is
directed to provide to the Committee not later than 90 days
after enactment of this Act a report exploring how
incorporating sustainable chemistry in consumer and commercial
manufacturing processes fits within its research and
development portfolio and can benefit these processes.
The Committee supports the Department's continued work on
the development of aluminum alloy and provides $5,000,000 for
this effort.
The Committee supports the Department's efforts to develop
the next generation of energy and manufacturing entrepreneurs
through the Lab-Embedded Partnership Programs. The Department
is directed to brief the Committee not later than 90 days after
enactment of this Act on the status of existing programs and
the potential for establishing additional programs at national
laboratories or DOE sites.
The Committee recognizes the important contributions made
by the clean energy manufacturing institutes. The Committee
notes that the fiscal year 2020 National Defense Authorization
Act allows the renewal of such institutes and encourages the
Department to consider funding renewals for institutes as
appropriate.
The Committee supports continued efforts at the Lithium
Research Center to convert lithium chloride to lithium
hydroxide.
Building Technologies.--The recommendation provides
$285,000,000 for Building Technologies. The Committee directs
the Department to maintain existing transactive control
research efforts and provides not less than $30,000,000 for
building-grid integration research and development consistent
with a transactive energy system and, in coordination with the
Office of Electricity transactive energy systems program,
integration of renewable energy assets, such as photovoltaics,
associated hardware and software development, and the
establishment of a living-learning laboratory that integrates
education for training of new and current professionals. The
Committee includes not less than $50,000,000 for Commercial
Buildings Integration, not less than $40,000,000 for
Residential Buildings Integration, not less than $140,000,000
for Building Energy Research and Development, and $25,000,000
for solid-state lighting. If the Secretary finds solid-state
lighting technology eligible for the twenty-first century lamp
prize, specified under section 655 of the Energy Independence
and Security Act of 2007, $5,000,000 is provided in addition to
funds recommended for lighting research and development.
The Committee includes not less than $55,000,000 for
Equipment and Buildings Standards, of which not less than
$10,000,000 is for Building Energy Codes.
The Committee supports continued innovative housing
research that encourages the design, construction, and
retrofitting of energy efficient, fire hardened, and resilient
residential homes and commercial buildings, and the Committee
encourages the Building America Program to prioritize funding
for resiliency solutions that also meet the energy code and
reach codes. The Committee encourages collaborative efforts
between the Building America Program and the national
laboratories, industry, community-based organizations, and
local communities that are making notable progress in
developing construction techniques and identifying building
materials to actively mitigate fire risk.
The Committee supports novel research and development
technologies to impact commercial buildings by developing,
building, and evaluating wood-based construction technologies,
including off-site manufactured wood-based wall systems for
embodied resiliency, energy content, operating energy
efficiency, wall moisture profiles, and structural connector
durability.
The Committee notes that natural gas plays an important
role in meeting the energy needs of U.S. homes and commercial
buildings. The Committee encourages the Department to continue
to explore research and development that can advance future
natural gas systems and appliances to meet consumer demand for
high efficiency and environmentally friendly products. The
Department is encouraged to continue research, development, and
market transformation programs related to the direct use of
natural gas and propane gas in residential applications,
including gas heat pumps with power generation and water
heating, on-site combined heat and power, and on-site micro-
combined heat and power to include integration with renewables.
The Committee supports the Department's continued work on
thermal and electric heat pumps but remains concerned that
further research is needed to test and evaluate these
technologies in the field. The Department is directed to
provide the Committee not later than 90 days after enactment of
this Act a briefing regarding the status of these efforts and
the potential need for a consortium.
Federal Energy Management Program.--The recommendation
provides $40,000,000 for the Federal Energy Management Program.
Within available funds, $2,000,000 is for the Performance Based
Contract National Resource Collaborative Initiative to provide
expertise to state and local governments to facilitate the
expansion of performance-based contracts nation-wide. The
Committee awaits the report directed in the fiscal year 2020
Act that outlines the types of technical and financial
expertise the Department is suited to provide and includes an
analysis of the available infrastructure work that can be
accomplished through performance-based contracts over a 10-year
period and the resources necessary to achieve this goal. The
Department is directed to provide this report not later than 30
days after enactment of this Act.
The recommendation provides $11,000,000 for the Department
to continue its work through the Assisting Federal Facilities
with Energy Conservation Technologies (AFFECT) program.
Weatherization and Intergovernmental Programs.--The
Committee rejects the proposed elimination of the
Weatherization Assistance Program and provides $310,000,000.
The Committee directs the Department to ensure a timely
distribution of Weatherization Assistance Program funds. The
Committee also encourages the Department to continue its
oversight of grantees to ensure that funds are dispersed to
weatherization providers in a timely manner.
The Committee provides $500,000 for technical assistance to
continue the Sustainable Wastewater Infrastructure of the
Future Accelerator.
The fiscal year 2020 Act directed the Department to provide
a briefing on its collaborative efforts with the U.S.
Department of Health and Human Services, the U.S. Department of
Housing and Urban Development, and the U.S. Department of
Veterans Affairs. The Committee is still awaiting this briefing
and directs the Department to provide the briefing not later
than 30 days after enactment of this Act.
The Committee believes that community-scale weatherization
efforts could focus on individual homes or units as part of a
broader, innovative ``neighborhood'' approach to
weatherization. The fiscal year 2020 Act directed the
Department to provide a report that analyzes the feasibility of
community-scale weatherization efforts and the Committee looks
forward to a timely receipt of this report. The recommendation
provides $1,500,000 within funds for technical assistance to
create a pilot that supports community and neighborhood scale
weatherization, including the feasibility of integrating
renewable and alternative energy infrastructure. These funds
shall be made available to grantees that present targeted and
innovative use of these funds to model methods for
weatherization integration with various other programs
including but not limited to the HOME Investment Partnership
Program, Low-Income Home Energy Assistance Program, and
programs at the U.S. Department of Veterans Affairs. The
Department shall regularly brief the Committee on progress to
implement this pilot project, beginning not later than 90 days
after enactment of this Act.
The Committee recognizes that lead exposure is exacerbated
by outdated windows and windowpanes and understands that the
Department has made progress in replacing leaded windows. The
Committee encourages the Department to include benefits from
eliminated lead exposure in the calculation of the savings-to-
investment ratio. The Department is also encouraged to allow
program funds to be used to replace leaded windows with
EnergyStar rated windows.
The Committee rejects the proposed elimination of the State
Energy Program and provides $65,000,000.
CORPORATE SUPPORT
The Program Direction, Strategic Programs, and Facilities
and Infrastructure budgets provide necessary resources for
program and project management across all of EERE's technology
programs, for the adoption of technologies to market, and for
the operation and upkeep of the National Renewable Energy
Laboratory.
Facilities and Infrastructure.--The recommendation provides
$128,740,000 for Facilities and Infrastructure. The Committee
supports the continued planned upgrades to the National Wind
Energy Technology Center. The Department is encouraged to
demonstrate a commitment to operations and maintenance of
facilities that support the Department's critical missions
within EERE.
Program Direction.--The recommendation provides
$165,000,000 for Program Direction. The Committee acknowledges
that the Department is taking steps to hire staff and
encourages an aggressive strategy to ensure that EERE is
appropriately staffed to carry out and oversee the funds
provided by the Committee. The Committee expects continued,
regular updates on its progress, beginning not later than 45
days after enactment of this Act.
Cybersecurity, Energy Security, and Emergency Response
Appropriation, 2020................................... $156,000,000
Budget estimate, 2021................................. 184,621,000
Recommended, 2021..................................... 160,000,000
Comparison:
Appropriation, 2020............................... +4,000,000
Budget estimate, 2021............................. -24,621,000
The Cybersecurity, Energy Security, and Emergency Response
program leads the Department's efforts to secure the nation's
energy infrastructure against all hazards, reduce the risks of
and impacts from cyber events, and assist with restoration
activities. A reliable and resilient power grid is critical to
the nation's economic competitiveness and leadership.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Committee places a high priority on ensuring the
protection of the grid against cyberattacks and extreme weather
events caused by climate change. The Committee appreciates the
Department's enhanced focus on these activities. Many different
actors, governmental and private, play a role in preventing and
responding to threats to the nation's energy infrastructure.
The Committee expects the Department to continue coordinating
its efforts with all stakeholders to ensure the highest
priority areas are being addressed effectively in its ongoing
efforts to protect the grid.
Grid security and resiliency are issues of paramount
importance to national security. The nation continues to face
global cybersecurity threats from nations such as Iran, Russia,
and North Korea, which have launched documented cyberattacks on
the country. U.S. electric grid infrastructure remains a top
target, and the Committee encourages the Department to work
with electric cooperatives, public utility districts, investor-
owned utilities, and municipal utilities to plan and build out
needed cybersecurity infrastructure.
The Committee is aware of an advanced cyber analytics tool
currently utilized within the Department that maps classified
and unclassified networks and encourages consideration of this
tool for other applications with the Department, as
appropriate.
The Committee directs the Department to collaborate with
other federal agencies on cybersecurity efforts to ensure
effective contributions to the overall success of the federal
critical infrastructure security mission.
Cybersecurity for Energy Delivery Systems.--Within
available funds, $5,000,000 is for consequence-driven cyber-
informed engineering and $5,000,000 is for the DarkNet project.
Infrastructure Security and Energy Restoration.--The fiscal
year 2020 Act directed the Department to provide a report
explaining the rationale for establishing any new testing
capabilities designed to examine the vulnerabilities of the
energy sector from threats such as electromagnetic pulse and
geomagnetic disturbances and an inventory of existing
capabilities that could serve this function. The Committee is
still awaiting this report and directs the Department to
provide the report not later than 30 days after enactment of
this Act and prior to any funds being obligated for the
establishment of any new testing capabilities.
Electricity
Appropriation, 2020................................... $190,000,000
Budget estimate, 2021................................. 195,045,000
Recommended, 2021..................................... 195,000,000
Comparison:
Appropriation, 2020............................... +5,000,000
Budget estimate, 2021............................. -45,000
The Office of Electricity advances technologies and
provides operational support to increase the efficiency and
technological advancement of the nation's electricity delivery
system. The power grid employs aging technologies at a time
when power demands and the deployment of new energy
technologies are imposing new stresses on the system. This
program aims to develop a modern power grid by advancing
resilient power distribution systems, intelligent and high-
efficiency grid components, and energy storage systems.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
Transmission Reliability and Resilience.--Within available
funds, the recommendation provides not less than $1,000,000 for
sensors and analytics technologies.
Within available funds, the recommendation provides not
less than $500,000 for the Department to designate an
appropriate section of grid or distinct microgrid to undertake
a field test of utility poles constructed of composite
materials to determine the benefit, if any, to overall grid
infrastructure resilience from environmental factors. The
Department shall submit to the Committee not later than 180
days after enactment of this Act a report that assesses the
performance of composite poles, taking into account price;
durability; resilience to the effects of extreme weather;
ongoing maintenance costs; and ease of repair, preplacement, or
upgrade, giving special consideration to performance in
watersheds and flood-prone environments.
The fiscal year 2020 Act directed the Department to provide
a report outlining the barriers and opportunities for
technologies that provide increased, more efficient, or more
effective delivery over the existing transmission network. The
Committee is still awaiting this report and directs the
Department to provide the report not later than 30 days after
enactment of this Act.
The Committee notes the potential to more effectively
manage the bulk electric power system by adjusting ratings of
power lines through dynamic line rating equipment. The
Department is directed to submit to the Committee not later
than 180 days after enacted of this Act a report on ways to
maximize utilization of the existing electricity delivery
system by enabling dynamic line ratings, dynamically
controlling the flow of electricity, and optimizing electricity
delivery system topology. The report shall consider utilization
of sensors, development of power flow control devices and
analytical tools, and novel control mechanisms that would allow
maximized transmission of electricity and improvement of grid
resilience by adjusting line ratings according to weather
conditions, controlling flow of electricity with power flow
control devices, and optimizing topology of electricity
delivery systems through dynamically switching network
configuration.
The Committee is interested in the possible impacts of
increased bulk transmission efficiency in general, and of
dynamic line rating technology specifically, on retail power
rates. The Department is directed to conduct a case study on
regional, wide-spread deployment of dynamic line rating
technologies to assess the potential benefits and costs. The
Department is directed to submit to the Committee not later
than 180 days after enactment of this Act a report that
summarizes the findings of the case study.
Resilient Distribution Systems.--Within available funds,
the Committee directs the Department to continue efforts to
support the integration of sensors into the nation's electric
distribution systems, fundamental research and field validation
of microgrid controllers and systems, and transactive energy
concepts, including studies and evaluations of energy usage
behavior in response to price signals. The Committee places a
high priority on addressing the challenges facing the electric
power grid by developing the innovative technologies, tools,
and techniques to modernize the distribution portion of the
electricity delivery system. Resilient Distribution Systems
pursues strategic investments to improve reliability,
resilience, outage, recovery, and operational efficiency,
building upon previous and ongoing grid modernization efforts.
In addition to emerging technologies for distributed grids,
the Committee recommends that currently available distributed
fuels, such as propane fueled microgrids, combined heat and
power, and demand response, be evaluated.
Within available funds, the Committee directs the
Department to support the demonstration of interconnected
systems, including in rural areas, of microgrids that operate
independently and are ideal for providing energy assurance. The
microgrid demonstrations should feature solar generation,
storage, smart controls, and other grid technologies.
Nuclear Energy
Appropriation, 2020................................... $1,493,408,000
Budget estimate, 2021................................. 1,179,931,000
Recommended, 2021..................................... 1,435,800,000
Comparison:
Appropriation, 2020............................... -57,608,000
Budget estimate, 2021............................. +255,869,000
Nuclear power generates approximately one-fifth of the
nation's electricity and continues to be an important zero
carbon-emissions energy source. The Department of Energy's
Nuclear Energy (NE) program invests in research, development,
and demonstration activities that develop the next generation
of clean and safe reactors, further improve the safety and
economic viability of our current reactor fleet and contribute
to the nation's long-term leadership in the global nuclear
power industry.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
Given past concerns about the Department's use of
flexibility in funds previously provided, the Committee has
continued to include additional control points for fiscal year
2021. The Department is directed to submit its fiscal year 2022
budget request using this budget structure.
Nuclear Energy University Program.--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to Nuclear Energy Research and Development (NEUP) programs to
fund university-led R&D and university infrastructure projects
through an open, competitive solicitation process using
formally certified peer reviewers. The Department is directed
to continue this practice, with not less than $40,000,000 for
R&D activities performed at U.S. colleges and universities. The
Department is directed to provide the Committee quarterly
briefings on the status of NEUP and the university work being
funded, beginning not later than 90 days after enactment of
this Act.
Integrated University Program.--The Committee is alarmed by
the statistics highlighting the severe shortage of highly
trained nuclear specialists and the lack of academic programs
to train and prepare individuals for work in the nuclear
sector. The recommendation includes $5,000,000 to continue the
Integrated University Program, which is critical to ensuring
the nation's nuclear science and engineering workforce in
future years.
Uranium Reserve.--The budget request proposes to establish
a new Uranium Reserve. The Department has been unable to
provide specific information about how it would implement the
program, including in congressional justifications, briefings,
and in responses to questions from the Committee about how the
funds would be spent, including the process for the purchase,
conversion, or sale of uranium in a reserve. The Committee is
concerned about the lack of justification for a reserve and
potential market implications of establishing a reserve for
commercial purposes. The Committee also notes that the
Department will require a domestic source of uranium for
defense purposes in the coming decades. The Department is
directed to submit to the Committee not later than 180 days
after enactment of this Act a plan for the proposed
establishment of a uranium reserve. The plan shall include the
legal authorities in place or needed to establish and operate a
uranium reserve, including the purchase, conversion, and sale
of uranium; a ten-year implementation plan of the activities
for establishment and operations of a uranium reserve; and a
ten-year cost estimate. No funds are provided for the
establishment of a uranium reserve, and no funds may be spent
on activities related to the establishment of a uranium reserve
other than the development of the required plan.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Nuclear Science User Facilities.--Within available funds,
the recommendation includes not less than $10,000,000 for
nuclear energy computation system and support and not less than
$3,000,000 for Nuclear Materials Discovery and Qualification.
Crosscutting Technology Development.--Within available
funds, the recommendation includes $5,000,000 for research
collaborations between research universities and national
laboratories utilizing existing capabilities and infrastructure
focused on the benefits, as well as vulnerabilities of digital
instrumentation for existing and future nuclear reactors,
including the use of new approaches, such as predictive
analytics, machine learning, and artificial intelligence, to
improve reactor safety and performance and address
cybersecurity issues. The Department is encouraged to continue
activities related to materials development, including through
public-private partnerships to develop new materials the
nuclear industry will need in the future.
FUEL CYCLE RESEARCH AND DEVELOPMENT
Material Recovery and Waste Form Development.--Within
available funds, the recommendation provides not less than
$10,000,000 for EBR-II Processing for High-Assay Low Enriched
Uranium (HALEU).
Accident Tolerant Fuels.--The recommendation provides not
less than $55,600,000 to continue the participation of three
industry-led teams for the cost-shared research and development
program, and the recommendation provides not less than
$20,000,000 to support accident tolerant fuels development at
the national laboratories and other facilities, including the
Advanced Test Reactor and Transient Reactor Test Facility. The
recommendation provides $15,000,000 for industry-led efforts
for testing, code development, and licensing of higher-enriched
and higher burnup fuels. The Department is encouraged to
continue development of silicon carbide ceramic matrix
composite cladding to be used in light water reactors,
especially through public-private partnerships. The Committee
encourages the Department to evaluate accident tolerant fuel
irradiation testing capability gaps resulting from the closure
of the Halden reactor.
Used Nuclear Fuel Disposition R&D.--The Committee is aware
of the Department's ongoing research and development efforts
regarding the safe transportation of spent nuclear fuel and
directs the Department to continue to study the behavior of
spent fuel under transportation conditions and opportunities to
improve safety of spent fuel rods during transportation.
Integrated Waste Management System.--Within available
funds, the Department is directed to continue site preparation
activities at stranded sites, to evaluate the re-initiation of
regional transport, and undertake transportation coordination
efforts. Additionally, the Committee notes that spent nuclear
fuel is in many cases located in or near cities and Indian
reservations. As the Department continues to plan for an
integrated waste management system for our nation's spent
nuclear fuel, the Committee encourages the Department to
include planning for the removal of spent nuclear fuel from
sites located near cities and Indian reservations.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--Within available
funds, the recommendation provides $10,000,000 for the Joint
Use Modular Program.
Light Water Reactor Sustainability.--Within available
funds, the recommendation provides $10,000,000 to support new
or previously awarded hydrogen demonstration projects.
Advanced Reactor Technologies.--Within available funds, the
recommendation provides $20,000,000 for public-private
partnerships focused on advancing reactor designs towards
demonstration phase and not less than $15,000,000 for MW-scale
reactor research and development.
ADVANCED REACTORS DEMONSTRATION PROGRAM
The Committee is encouraged by the Department's pace of
activities to establish the Advanced Reactors Demonstration
Program. This program will help facilitate the accelerated
development and deployment of advanced reactors. The Department
is directed to continue to streamline its procurement process
and aggressively act to ensure implementation is not delayed.
Advanced Reactor Demonstrations.--The Department is
reminded to focus resources on partners able to provide the
required portion of cost share and capable of project delivery
in the next five to seven years.
INFRASTRUCTURE
INL Facilities Operations and Maintenance.--Within
available funds, the recommendation includes $280,000,000 for
INL Nuclear Facilities Operations and Maintenance to support
the reliability and sustainability of the Materials and Fuels
Complex (MFC) and the Advanced Test Reactor (ATR).
Idaho Sitewide Safeguard and Security.--The recommendation
includes $137,800,000 for Idaho Sitewide Safeguards and
Security, the same as the budget request.
Fossil Energy Research and Development
Appropriation, 2020................................... $750,000,000
Budget estimate, 2021................................. 730,601,000
Recommended, 2021..................................... 727,500,000
Comparison:
Appropriation, 2020............................... -22,500,000
Budget estimate, 2021............................. -3,101,000
Fossil energy resources, such as coal, oil, and natural
gas, generate a significant portion of the nation's electricity
and will continue to contribute to those needs for the
foreseeable future. The Fossil Energy Research and Development
program funds research, development, and demonstration
activities to improve existing technologies and to develop
next-generation systems in the full spectrum of fossil energy
areas. The activities funded within this program advance our
nation's position as a leader in energy technologies and ensure
the safe, reliable, efficient, and environmentally sound use of
fossil energy resources.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
Consistent with direction provided in previous fiscal
years, the Committee does not support the closure of any
National Energy Technology Laboratory (NETL) site and provides
no funds to plan, develop, implement, or pursue the
consolidation or closure of any of the NETL sites.
The Committee encourages the Department to develop
educational partnerships focused on carbon capture and storage,
methane capture and storage, and emission mitigation
technologies. The Committee directs the Department to submit to
the Committee not later than 90 days after enactment of this
Act a report detailing possible education partnerships in these
areas.
The Committee notes that liquefied petroleum gases,
including propane, are increasingly being generated from
renewable sources. The recommendation provides up to $4,000,000
for a demonstration project to show the increased viability of
renewable liquefied petroleum gases.
CCUS AND POWER SYSTEMS
Carbon capture, utilization, and storage is a process that
captures carbon dioxide emissions from sources and either
reuses or stores it so it will not enter the atmosphere. The
potential for these technologies is considerable, and the use
of these technologies will decrease the costs for mitigating
climate change in addition to deploying clean energy and energy
efficient technologies.
The Committee encourages the Department to continue to
support the Clean Energy Research Consortium: Advanced Coal
Technology Consortium program. The Committee encourages the
Department to continue support for the National Carbon Capture
Center.
Carbon Capture.--The Committee encourages the Department to
focus its efforts on improving the efficiency and decreasing
the costs of carbon capture technologies, demonstrating carbon
capture technologies, and identifying how these technologies
can be integrated with business models and operations. This
focus includes small- and large-scale pilot testing of
technologies moving through the program pipeline and retrofit
activities on the existing fleet. The Committee directs the
Department to increase public-private partnerships and natural
gas-based carbon capture research program opportunities.
Within available funds, the recommendation provides not
less than $8,000,000 for research and optimization of carbon
capture technologies at industrial facilities and not less than
$10,000,000 for research and optimization of carbon capture
technologies for natural gas power systems.
Within available funds, the recommendation provides not
less than $15,000,000 for a new solicitation for Front-End
Engineering and Design (FEED) studies of commercial-scale
carbon capture projects that generate carbon dioxide suitable
for geologic storage, with at least two of these studies
supporting projects at industrial facilities such as a steel or
cement facility. A FEED study shall incorporate work from
feasibility studies and testing to provide specific project
definition; engineering including specifications; scopes of
work; schedules for the detailed design, material procurement,
and construction; estimate of total installed cost for the
project; and environmental and non-environmental permitting
requirements.
Carbon Utilization.--The recommendation provides separate
funding for carbon utilization activities that were previously
funded through Carbon Storage, and the recommendation funds
Carbon Use and Reuse activities under Carbon Utilization. The
Committee anticipates carbon utilization technologies to mature
in the coming years. Therefore, the Committee directs the
Department to significantly advance carbon utilization
activities over the next five years with specific technology
goals and milestones to ensure that the Department is using its
resources in the most efficient manner.
The recommendation includes $30,000,000 for Carbon
Utilization for research and development activities to support
valuable and innovative uses of captured carbon, including
biological utilization by the conversion of carbon dioxide to
higher-value products such as chemicals, plastics, building
materials, curing for cement, and the integration of carbon
utilization technologies with fossil fuel power plants, such as
biological conversion systems.
The recommendation provides not less than $8,000,000 for a
competitive solicitation to conduct tests of technologies for
carbon dioxide absorption integrated with algae systems for
capturing and re-using carbon dioxide to produce useful fuels
and chemicals, giving priority for teams with university
participants.
Carbon Storage.--The Carbon Storage subprogram shall focus
on the development of technologies for the safe and secure
storage of captured carbon dioxide. The recommendation funds
Carbon Use and Reuse activities previously funded under Carbon
Storage under Carbon Utilization.
Advanced Energy Systems.--Within available funds, the
recommendation provides $30,000,000 for Solid Oxide Fuel Cell
(SOFC) systems for distributed and central power generation,
electrolysis, SOFC combined heat and power, and storage
applications.
Within available funds, the recommendation provides
$35,000,000 for Advanced Turbines, and the Committee directs
the Department to use these funds for a research and
development program to improve the efficiency of gas turbines
used in power generation systems, working cooperatively with
industry, universities, and other appropriate parties.
Within available funds, the recommendation provides up to
$15,000,000 for the Coal FIRST Initiative.
Cross Cutting Research.--Within available funds, the
recommendation includes not less than $40,000,000 for plant
optimization technologies, including materials R&D, water
management R&D, and sensors and controls. Within available
funds for materials R&D, the recommendation includes
$21,000,000 for the Advanced Ultrasupercritical Program to
fabricate, qualify, and develop domestic suppliers capable of
producing components from high temperature materials.
Within available funds, the recommendation includes
$29,500,000 to develop economically competitive and sustainable
domestic supply of rare earth elements and critical materials
to assist in maintaining economic growth and national security.
NETL Coal Research and Development.--The recommendation
includes the budget request proposal to move the Critical
Materials Initiative to Cross Cutting Research. The
recommendation provides funds for the remaining activities
previously funded by NETL Coal Research and Development in the
funding under NETL Research and Operations and NETL
Infrastructure.
Supercritical Transformational Electric Power (STEP)
Generation.--Within available funds, the Committee supports
efforts, consistent with the original scope of work, to
complete the necessary design and construction of the 10-MW
pilot and to conduct the necessary testing for the facility.
The Committee is concerned about repeated cost overruns for the
project, and the Department is directed to brief the Committee
not later than 90 days after enactment of this Act and prior to
the obligation of any funds on an updated scope and cost
profile that incorporates all past, current, and potential
future cost increases necessary to complete the project. The
recommendation provides additional funds for competitively
awarded research and development activities, coordinated with
the Offices of Nuclear Energy and Energy Efficiency and
Renewable Energy, to advance the use of supercritical power
cycles.
NATURAL GAS TECHNOLOGIES
Research.--Within available funds, the recommendation
provides up to $5,200,000 for the Risk Based Data Management
System. The Department is directed to submit to the Committee
not later than 180 days after enactment of this Act a plan on
how to fully transition the functionality and responsibility of
the Risk Based Data Management System to states as called for
in the budget request.
Within available funds, the recommendation provides
$15,000,000 for Emissions Mitigation from Midstream
Infrastructure and $7,000,000 for Emissions Quantification from
Natural Gas Infrastructure.
The Department is encouraged to explore technologies that
curtail methane gas emissions from flaring and venting in shale
formations. The fiscal year 2020 Act directed the Department to
provide a report on these activities. The Committee is still
awaiting this report and directs the Department to provide the
report not later than 30 days after enactment of this Act.
The Committee encourages coordination with industry and the
Pipeline and Hazardous Materials Safety Administration on
methane leak detection technology development. The Committee
remains supportive of investment in smart pipeline sensors and
controls, internal pipeline inspection and repair, and
composite and advanced material science technologies. The
Committee encourages the Department to consider expanded use of
gas pressure monitoring, both real time and hourly, in
distribution systems to improve system integrity and safety.
The Department is directed to submit to the Committee not
later than 90 days of enactment of this Act a research plan for
natural gas utilization for purposes in addition to power
generation and direct use applications. Natural gas utilization
can include processes for converting natural gas and carbon-
based feedstocks to higher-value products--including chemicals,
liquids and hydrogen. The plan shall include research and
development activities, including materials research,
artificial intelligence and machine learning tools, gas
conversion and separation technologies, new process flowsheets
such as modular units, and novel uses for light hydrocarbons to
produce commercial and industrial products, and demonstration
activities that may be needed to test the performance and cost-
effectiveness of new gas conversion technologies.
The recommendation includes up to $5,000,000 for university
research and field investigations in the Gulf of Mexico to
confirm the nature, regional context, environmental impacts,
and hydrocarbon system behavior of gas hydrate deposits and the
impacts of produced water.
Within available funds, the Department is encouraged to
coordinate with other agencies and states to maximize the
benefits of U.S. unconventional natural gas liquids production.
UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES
The Committee recognizes the Department's continued
investment in research and development on unconventional fossil
energy technologies, including support for field laboratories.
The Committee directs the Department to submit to the
Committee not later than 180 days after enactment of this Act a
report assessing the potential of using solid propellant fuel
to generate gas, which will drive hydraulic systems to shut off
unwanted flows or blow outs of oil or gas from onshore or
offshore wells in the shortest possible time with the highest
possible reliability and efficiency. The report shall include a
research plan if additional work in this area is deemed merited
after the Department's assessment.
The Committee understands the Department, in partnership
with the Department of Transportation, has completed its study
of the volatility of crude oils, including oil from the Bakken
Shale in North Dakota, to accurately assess and characterize
volatility before transporting. The Department is directed to
brief the Committee not later than 90 days after enactment of
this Act on the findings and recommendations of the Crude Oil
Characterization Study.
Naval Petroleum and Oil Shale Reserves
Appropriation, 2020................................... $14,000,000
Budget estimate, 2021................................. 13,006,000
Recommended, 2021..................................... 13,006,000
Comparison:
Appropriation, 2020............................... -994,000
Budget estimate, 2021............................. - - -
The Naval Petroleum and Oil Shale Reserves no longer serve
the national defense purpose envisioned in the early 1900's,
and consequently the National Defense Authorization Act for
fiscal year 1996 required the sale of the government's interest
in the Naval Petroleum Reserve 1 (NPR-1). To comply with this
requirement, the Elk Hills field in California was sold to
Occidental Petroleum Corporation in 1998. Following the sale of
Elk Hills, the transfer of the oil shale reserves, and transfer
of administrative jurisdiction and environmental remediation of
the Naval Petroleum Reserve 2 (NPR-2) to the Department of the
Interior, the Department retained one Naval Petroleum Reserve
property, the Naval Petroleum Reserve 3 (NPR-3) in Wyoming
(Teapot Dome field). The Department issued a disposition plan
for NPR-3 in June 2013 and began implementation of the plan in
fiscal year 2014. Transfer of NPR-3 to a new owner occurred in
fiscal year 2015.
Strategic Petroleum Reserve
Appropriation, 2020................................... $195,000,000
Budget estimate, 2021................................. 187,081,000
Recommended, 2021..................................... 195,000,000
Comparison:
Appropriation, 2020................................. - - -
Budget estimate, 2021............................... +7,919,000
The mission of the Strategic Petroleum Reserve is to store
petroleum to reduce the adverse economic impact of a major
petroleum supply interruption to the United States and to carry
out obligations under the international energy program.
The recommendation includes funding to address facilities
development and operations, including physical security and
cavern integrity, and the recommendation provides $20,000,000
to maintain 1,000,000 barrels of gasoline blendstock in the
Northeast Gasoline Supply Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is provided
for this purpose. Further, the Department may not establish any
new regional petroleum product reserves unless funding for such
a proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget request and approved
by Congress in an appropriations Act.
The Committee notes that regional supply disruptions of
petroleum products were examined in the first installment of
the Quadrennial Energy Review. If the Department further
examines issues related to potential regional shortages of
petroleum products, the Department is encouraged to explore
options for expanded salt cavern storage of petroleum products,
including in the western United States.
SPR Petroleum Account
Appropriation, 2020................................... $10,000,000
Budget estimate, 2021................................. -68,000,000
Recommended, 2021..................................... 7,500,000
Comparison:
Appropriation, 2020............................... -2,500,000
Budget estimate, 2021............................. +75,500,000
The SPR Petroleum Account funds Strategic Petroleum Reserve
acquisition, transportation, and drawdown activities. The
fiscal year 2021 budget request proposes to draw down and sell
one million barrels of SPR refined petroleum product and to
retain a portion of the proceeds to fund the costs of drawdown
operations related to statutorily-directed sales. The Committee
rejects this proposal and instead provides discretionary
appropriations for this purpose.
Northeast Home Heating Oil Reserve
Appropriation, 2020................................... $10,000,000
Budget estimate, 2021................................. -84,000,000
Recommended, 2021..................................... 10,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +94,000,000
The acquisition and storage of heating oil for the
Northeast began in August 2000 when the Department of Energy,
through the Strategic Petroleum Reserve account, awarded
contracts for the lease of commercial storage facilities and
acquisition of heating oil. The purpose of the reserve is to
assure home heating oil supplies for the Northeastern States
during times of very low inventories and significant threats to
the immediate supply of heating oil. The Northeast Home Heating
Oil Reserve was established as a separate entity from the
Strategic Petroleum Reserve on March 6, 2001.
The Committee again rejects the proposed elimination of
this reserve and instead provides $10,000,000 to maintain the
reserve.
Energy Information Administration
Appropriation, 2020................................... $126,800,000
Budget estimate, 2021................................. 128,710,000
Recommended, 2021..................................... 126,800,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. -1,910,000
The Energy Information Administration is a quasi-
independent agency within the Department of Energy established
to provide timely, objective, and accurate energy-related
information to the Congress, the executive branch, state
governments, industry, and the public.
The Committee encourages the Department to continue
important data collection, analysis, and reporting activities
on energy use and consumption, including the Commercial
Buildings Energy Consumption Survey and the Residential
Buildings Energy Consumption Survey. The Committee also
encourages additional data collection on light-emitting diode
bulbs, commercial building codes, and electric transmission.
The Department is directed to submit to the Committee not
later than 180 days after enactment of this Act a report on how
the Energy Information Agency can supply increased data
regarding the electricity consumption and emissions for retail
electricity suppliers, and for city, within city limits, served
by an electric utility. The report shall also include the
potential costs and benefits associated with the collection and
dissemination of such data, and identification of major
suppliers and cities where collection and dissemination of such
data could be completed at a reduced level of effort and cost.
Non-Defense Environmental Cleanup
Appropriation, 2020................................... $319,200,000
Budget estimate, 2021................................. 275,820,000
Recommended, 2021..................................... 315,000,000
Comparison:
Appropriation, 2020............................... -4,200,000
Budget estimate, 2021............................. +39,180,000
Non-Defense Environmental Cleanup includes funds to manage
and remediate sites used for civilian, energy research, and
non-defense related activities. These past activities resulted
in radioactive, hazardous, and mixed waste contamination that
requires remediation, stabilization, or some other action.
Small Sites.--The Committee provides $108,833,000 for small
sites, of which $18,200,000 is for the Energy Technology
Engineering Center (ETEC), $12,800,000 is for Idaho National
Laboratory, $30,180,000 is for Lawrence Berkeley National
Laboratory, and $47,653,000 is for Moab.
ETEC.--The Committee is pleased with the progress of
building demolition, including the recent agreement between the
Department and the State of California enabling the demolition
and removal of certain buildings. The Committee understands the
Department continues to work with the State on the remaining
buildings at the site and on expediting the State's
environmental impact report, which must be completed prior to
soil and groundwater remediation. The Committee remains
concerned about soil and groundwater remediation and encourages
the parties to use the 2007 Consent Order and 2010
Administrative Order on Consent to enter negotiations on this
topic. The Committee encourages the Department to continue
working with the State of California on cleanup of the site.
The Department is directed to continue to act in accordance
with applicable laws, orders, regulations, and agreements with
the State of California.
Mercury Storage.--The recommendation includes legislative
language to allow the Department to spend fees collected for
the purpose of mercury storage.
Uranium Enrichment Decontamination and Decommissioning Fund
Appropriation, 2020................................... $881,000,000
Budget estimate, 2021................................. 806,244,000
Recommended, 2021..................................... 821,583,000
Comparison:
Appropriation, 2020............................... -59,417,000
Budget estimate, 2021............................. +15,339,000
The Uranium Enrichment Decontamination and Decommissioning
Fund was established by the Energy Policy Act of 1992 to fund
the cleanup of gaseous diffusion plants at Portsmouth, Ohio;
Paducah, Kentucky; and the East Tennessee Technology Park in
Oak Ridge, Tennessee.
Portsmouth.--The Committee continues to reject any attempt
to barter, transfer, or sell uranium to pay for Portsmouth
cleanup costs.
Science
Appropriation, 2020................................... $7,000,000,000
Budget estimate, 2021................................. 5,837,806,000
Recommended, 2021..................................... 7,050,000,000
Comparison:
Appropriation, 2020............................... +50,000,000
Budget estimate, 2021............................. +1,212,194,000
The Office of Science funds basic science research across
national laboratories, universities, and other research
institutions in support of American innovation and the
Department's energy-focused missions. Through research in
physics, biology, chemistry, and other science disciplines,
these activities expand scientific understanding and secure the
nation's leadership in energy innovation. This basic science
research is crucial to enabling the nation to continue
developing transformational energy technologies and to position
itself to seize economic opportunities in the global energy
markets of the future. The Office of Science is the nation's
largest supporter of basic research in the physical sciences.
The Office of Science includes the following programs:
Advanced Scientific Computing Research, Basic Energy Sciences,
Biological and Environmental Research, Fusion Energy Sciences,
High Energy Physics, Nuclear Physics, Workforce Development for
Teachers and Scientists, Science Laboratories Infrastructure,
Safeguards and Security, and Program Direction. The Committee
has placed a high priority on funding these activities in
fiscal year 2021, given the private sector is not likely to
fund research whose findings either have high non-commercial
value or are not likely to be commercialized in the near or
medium term. This work is vital to sustaining the scientific
leadership of the United States and can provide the
underpinnings for valuable intellectual property in the coming
decades.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in front matter for the Department of
Energy.
The Department is reminded that section 301 of this Act
prohibits the use of any appropriation, funds, or authority to
initiate or resume any program, project, or activity or to
prepare or initiate Requests for Proposals for a program,
project, or activity if the program, project, or activity has
not been funded by Congress. The Department is directed to
provide to the Committee a plan that details all programs,
projects, and activities to be funded in the Office of Science
that are not directed by this recommendation or explicitly
included in the fiscal year 2021 budget request. The plan shall
be provided not later than 90 days after enactment of this Act
and prior to any funds being obligated for those programs,
projects, or activities. No funds may be obligated for
programs, projects, or activities in the plan prior to approval
by the Committee.
Artificial Intelligence and Machine Learning.--The
Committee appreciates the Department's continued focus on the
development of foundational Artificial Intelligence and Machine
Learning capabilities. The recommendation includes up to
$125,000,000 for Artificial Intelligence and Machine Learning,
and the Committee directs the Department to apply those tools
to the Department's mission.
Biomedical Sciences.--Collaborative research efforts
between the Department and the National Institutes of Health
(NIH) are developing breakthroughs in health research,
including drug discovery, brain research, diagnostic
technologies, and other biomedical research areas. The
Department is encouraged to expand its relationships with NIH
in order to work together more strategically to leverage the
Department's research capabilities, including instrumentation,
materials, modeling and simulation, and data science. The
facilities and equipment funded in this Act support
applications in many areas of biomedical research. Better
coordination between the Department and NIH could be
instrumental in assisting to develop the nation's health,
security, and technologies with novel biomedical application.
The fiscal year 2020 Act directed the Department to provide a
plan that responds to the findings and recommendations in the
Final Report of the Secretary of Energy Advisory Board Task
Force on Biomedical Sciences. The Committee is still awaiting
this plan and directs the Department to provide the plan not
later than 30 days after enactment of this Act. The
recommendation includes not less than $1,000,000 for
collaboration with NIH within the Department's data and
computational mission space.
Exascale Computing Initiative.--The recommendation includes
$474,945,000 for exascale activities.
Quantum Information Sciences.--The Committee supports the
Office of Science's coordinated and focused research program in
quantum information science and technology. This emerging field
of science promises to yield revolutionary new approaches to
computing, sensing, and communication. The recommendation
provides $235,000,000 for quantum information science,
including not less than $120,000,000 for research and not less
than $100,000,000 for up to five National Quantum Information
Science Research Centers.
Reorganization.--The Committee acknowledges the Office of
Science's realignment of the Office of Accelerator R&D and
Production and the Office of Isotope R&D and Production. The
Department is directed to submit its fiscal year 2022 budget
request using this new organizational structure. The Department
is directed to coordinate across Advanced Scientific Computing
Research, Basic Energy Sciences, Fusion Energy Sciences, High
Energy Physics, and Nuclear Physics for its Strategic
Accelerator Technology Initiative to support innovation in
accelerator technologies, including magnets, optics, detectors,
and sensors.
Strategic Partnership Projects.--The Committee appreciates
that the national laboratories are available to conduct work
for other federal agencies on a reimbursable basis given the
highly specialized and unique technical expertise and equipment
available at the national laboratories, and strongly supports
this work. However, the Committee is concerned about the
Department's implementation and oversight of Strategic
Partnership Projects, particularly for projects that have not
received reimbursement payments from other agencies. The
Department is directed to submit to the Committee not later
than 30 days after enactment of this Act a report that
inventories all Strategic Partnership Projects that have not
received payment sufficient to cover completed or anticipated
work being performed. The Department is directed to ensure that
all Strategic Partnership Projects include requirements for
receiving full funding prior to beginning work or an advance
payment sufficient to cover anticipated cost of the work that
will be performed for the first 30 days of the Strategic
Partnership Project followed by advanced payments for 30 day
increments thereafter. If the agreement must deviate from these
guidelines, then the Department shall notify the Committee not
less than 10 business days prior to the change.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $99,500,000
for the Office of Science to prevent, prepare for, and respond
to coronavirus.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The Advanced Scientific Computing Research program develops
and hosts some of the world's fastest computing and network
capabilities to enable science and energy modeling, simulation,
and research.
High Performance Computing and Network Facilities.--In
addition to the long-term exascale initiative, the Committee
supports continued upgrade and operation of the Leadership
Computing Facilities at Argonne National Laboratory and Oak
Ridge National Laboratory and of the High Performance
Production Computing capabilities at Lawrence Berkeley National
Laboratory. The recommendation includes not less than
$150,000,000 for the Argonne Leadership Computing Facility, not
less than $225,000,000 for the Oak Ridge Leadership Computing
Facility, and not less than $110,000,000 for the National
Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory. Within available funds, the
recommendation includes $90,000,000 to support necessary
infrastructure upgrades and operations for ESnet.
Mathematical, Computational, and Computer Sciences
Research.--The Committee notes the importance of a strong
research program in applied and computational mathematics to
the Department's mission. Maintaining international leadership
in high performance computing requires a long-term and
sustained commitment to basic research in computing and
computational sciences, including applied math, software
development, networking science, and computing competency among
scientific fields. Within available funds, the recommendation
provides not less than $250,000,000 for Mathematical,
Computational, and Computer Sciences Research, including not
less than $10,000,000 for the Computational Science Graduate
Fellowship program.
Within available funds, the recommendation includes up to
$40,000,000 for the development of Al-optimized emerging memory
technology for Al-specialized hardware to drive national
competitiveness.
The Committee is aware that the Department of Defense,
National Institutes of Health, universities, and private
entities have formed partnerships to undertake two of the
largest national research investigations of Traumatic Brain
Injury (TBI) ever conducted in the Unites States. While
leadership and investigators from the TRACK-TBI have developed
productive relationships with national laboratory scientists,
more collaboration may be needed to develop advanced
statistical methods and leverage advances in data science and
deep analytics. The Committee encourages the Department to
collaborate with the CARE and TRACK-TBI investigators to
utilize the national laboratory capabilities to apply the most
advanced statistical methods to interrogate the highly complex
CARE and TRACK-TBI data sets. The Department is directed to
conduct such collaborations on a reimbursable basis through
Strategic Partnership Projects.
BASIC ENERGY SCIENCES
The Basic Energy Sciences program funds basic research in
materials science, chemistry, geoscience, and bioscience. The
science breakthroughs in this program enable a broad array of
innovation in energy technologies and other industries critical
to American economic competitiveness.
Research.--Within available funds, the recommendation
provides $24,088,000 for the Batteries and Energy Storage
Innovation Hub, up to $20,000,000 for the Fuels from Sunlight
Innovation Hub, $115,000,000 for the Energy Frontier Research
Centers, $532,000,000 for facilities operations of the nation's
light sources, $260,088,000 for facilities operations of the
high flux neutron sources, $142,000,000 for facilities
operations of the Nanoscale Science Research Centers (NSRC),
and $25,000,000 for the Experimental Program to Stimulate
Competitive Research.
Within funds for operations of the nation's light sources,
the Department is encouraged to invest in capital improvements
at all of the light sources. It is imperative that these
facilities continue to provide users with state-of-the-art
capabilities to ensure U.S. science leadership and innovation.
The recommendation provides $12,000,000 for other project
costs, including $3,000,000 for Proton Power Upgrade,
$2,000,000 for Linac Coherent Light Source-II HE, $1,000,000
for Second Target Station, and $6,000,000 for Cryomodule Repair
& Maintenance Facility. The recommendation includes $15,000,000
for NSRC Recapitalization and $15,000,000 for NSLS-II
Experimental Tools-II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The Biological and Environmental Research (BER) program
supports advances in energy technologies and related science
through research into complex biological and environmental
systems.
The recommendation includes not less than $390,000,000 for
Biological Systems Science and not less than $355,000,000 for
Earth and Environmental Systems Sciences.
The recommendation provides $100,000,000 for the Bioenergy
Research Centers and $15,000,000 to continue development of a
multi-scale genes-to-ecosystem approach that supports a
predictive understanding of gene functions and how they scale
within complex biological and environmental systems.
The Committee supports the Department's efforts to build
programmatic bridges and leverage its resources among
biological, earth, and environmental science programs to
facilitate the seamless quantification and prediction of
biological-environmental interactions from molecular to
ecosystem scales. The Committee encourages the Department to
expand its growing focus on the science of biology-based
products to advance critical mission needs and to maintain
international leadership. The Committee continues to support
the Department's establishment of a national microbiome
database collaborative and provides $10,000,000 for microbiome
research initiatives, including development of the microbiome
database.
The recommendation includes not less than $10,000,000 for
the low-dose radiation research program.
The Committee continues to support the Department's funding
for colleges and universities to examine and evaluate earth
system models and validate their ability to reproduce earth
systems. The Committee is aware that reducing uncertainty in
understanding cloud aerosol effects requires investment in
observational studies, modeling, and computing. The
recommendation provides $15,000,000 for cloud-aerosol research.
The Department is encouraged to establish an Earth System Grid
Federation node for Arctic climate data.
The recommendation includes $30,000,000 for ongoing efforts
to develop observational assets and associated research to
study the nation's major land-water interfaces, including the
Great Lakes and the Puget Sound, that leverages national
laboratories' assets as well as local infrastructure and
expertise at universities and other research institutions.
Existing scientific and modeling approaches for
understanding energy-water systems cannot accurately simulate
and predict rapid changes and feedbacks between coupled water
and energy systems in an uncertain future where extremes, such
as droughts, floods, heat waves, and wildfires, are becoming
more frequent, intense, and widespread. In prior fiscal years,
the Department had an Energy-Water Nexus crosscutting
initiative, which included the Office of Energy Efficiency and
Renewable Energy, Office of Fossil Energy, the Office of
Science, and other offices, to focus on more resilient and
sustainable energy-water systems with a focus on desalination
technology and regional data, modeling, and analysis test beds.
The Department is encouraged to resume the Office of Science's
activities of the prior Energy-Water Nexus crosscutting
initiative, including regional-scale data, modeling, and
analysis test-beds targeted to universities with research
competencies in water scarcity issues in drought regions of the
United States with the potential to build a hub network on
integrated assessment modeling for complex systems prediction
for environmental change in relation to water scarce regions
with national labs as partners. The Department is directed to
submit to the Committee not later than 90 days of enactment of
this Act a report that outlines the activities previously
conducted under the Energy-Water Nexus across the Department,
which activities have continued, which activities ended, and an
explanation for the termination of each activity that ended.
The Department is directed to coordinate all energy-water nexus
activities across the Offices of Energy Efficiency and
Renewable Energy, Electricity, Fossil Energy, Nuclear Energy,
Science, and any other relevant program offices.
The Committee directs the Department to continue to support
NGEE Arctic, NGEE Tropics, the SPRUCE field site, the Watershed
Function and Mercury Science Focus Areas, and the AmeriFLUX
project.
The Committee directs the Department to give priority to
optimizing the operation of BER user facilities.
FUSION ENERGY SCIENCES
The Fusion Energy Sciences program supports basic research
and experimentation aiming to harness nuclear fusion for energy
production.
Research.--Within available funds, the recommendation
provides $20,000,000 for High Energy Density Laboratory
Plasmas, including activities for LaserNetUS.
Within available funds, the recommendation includes
$5,000,000 for the Innovation Network for Fusion Energy
(INFUSE) research and development program. The fiscal year 2020
Act directed the Department to provide a plan on a possible
cost share program for reactor technologies. The Committee is
still awaiting this plan and directs the Department to provide
the plan not later than 30 days after enactment of this Act and
prior to any funds being obligated for these purposes.
The recommendation includes $12,000,000 for the Materials
Plasma Exposure eXperiment.
Construction.--The Committee recommends $260,000,000 for
the U.S. contribution to the ITER project, of which not less
than $100,000,000 is for in-cash contributions. The Committee
continues to believe the ITER project represents an important
step forward for energy sciences and has the potential to
revolutionize the current understanding of fusion energy. The
Department is directed to provide to the Committee not later
than 180 days after enactment of this Act the performance
baseline for the entire project, including an updated baseline
for Subproject 1 and a baseline for Subproject 2.
HIGH ENERGY PHYSICS
The High Energy Physics program supports fundamental
research into the elementary constituents of matter and energy
and ultimately into the nature of space and time. The program
focuses on particle physics theory and experimentation in three
areas: the energy frontier, which investigates new particles
and fundamental forces through high-energy experimentation; the
intensity frontier, which focuses on rare events to better
understand our fundamental model of the universe's elementary
constituents; and the cosmic frontier, which investigates the
nature of the universe and its form of matter and energy on
cosmic scales.
Research.--Within available funds, the recommendation
provides $100,000,000 for the HL-LHC Upgrade Projects.
The Committee strongly urges the Department to maintain a
balanced portfolio of small-, medium-, and large-scale
experiments and to ensure adequate funding for research
performed at universities and the national laboratories. The
Committee encourages the Department to fund facility operations
at levels for optimal operations.
NUCLEAR PHYSICS
The Nuclear Physics program supports basic research into
the fundamental particles that compose nuclear matter, how they
interact, and how they combine to form the different types of
matter observed in the universe today.
Research.--Within available funds, the recommendation
provides $25,000,000 for Electron Ion Collider R&D.
The Committee directs the Department to give priority to
optimizing operations within Medium Energy Nuclear Physics and
at the Facility for Rare Isotope Beams.
Within available funds, the Committee directs the
Department to provide optimal funding for major items of
equipment, including the Gamma-Ray Energy Tracking Array, the
Super Pioneering High Energy Nuclear Interaction Experiment,
MOLLER, and the High Rigidity Spectrometer.
Within available funds, the recommendation includes up to
$10,000,000 for a consortium of research universities to apply
advanced manufacturing techniques to radioisotope production,
including automation, digitalization, artificial intelligence,
fabrication, and state-of-the-art characterization
instrumentation, and to establish a traineeship program for
students to develop the future workforce.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The Workforce Development for Teachers and Scientists
program ensures that the nation has the sustained pipeline of
science, technology, engineering, and mathematics (STEM)
workers to meet national goals and objectives.
The Committee recommends $30,000,000 for Workforce
Development for Teachers and Scientists. Within available
funds, the Committee recommends not less than $14,000,000 for
the Science Undergraduate Laboratory Internship, not less than
$2,000,000 for the Community College Institute of Science and
Technology, and not less than $5,000,000 for the Office of
Science Graduate Student Research Program. Within available
funds, the Committee recommends not less than $1,500,000 for
outreach activities for the Department to widely publicize its
opportunities and diversify the applicant pool, with an
emphasis on targeted recruitment of individuals traditionally
underrepresented in STEM.
SCIENCE LABORATORIES INFRASTRUCTURE
The Science Laboratories Infrastructure program sustains
mission-ready infrastructure and safe and environmentally
responsible operations by providing the infrastructure
improvements necessary to support leading edge research by the
Department's national laboratories.
The Department is directed to submit to the Committee not
later than 180 days after enactment of this Act a report on the
funding levels required for operations and maintenance of Oak
Ridge National Laboratory nuclear facilities. The report shall
be coordinated between the Office of Science and Office of
Nuclear Energy and should include an accounting of how funds
have been spent for the previous three fiscal years and how
funds will be spent for the fiscal year 2021. The report should
also include information for the next four fiscal years on the
funding levels required for operations for each facility and
funding levels required for multi-year infrastructure
improvements. The report should provide a breakdown of users,
operations time, and funding allocated to activities related to
the Office of Science or to the Office of Nuclear Energy.
Within available funds for General Plant Projects, the
Department is directed to prioritize projects related to power
resilience.
Nuclear Waste Disposal
Appropriation, 2020................................... - - -
Budget estimate, 2021................................. 27,500,000
Recommended, 2021..................................... 27,500,000
Comparison:
Appropriation, 2020............................... +27,500,000
Budget estimate, 2021............................. - - -
The recommendation includes $27,5000,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund (NWF) oversight
activities. Funds for NWF oversight activities are derived from
the NWF.
The Committee is disappointed with the lack of details in
the Department's proposal for interim storage activities, many
of which appear to be generic efforts that have been underway
for years and are funded within the Office of Nuclear Energy's
Integrated Waste Management Systems program in this
recommendation. Within available funds in this account for
interim storage, the Department is directed to move forward
under existing authority to identify a site for a federal
interim storage facility. The Department is further directed to
use a consent-based approach when undertaking these activities.
The Department is reminded that the Nuclear Waste Policy Act
provides for a wide variety of activities that may take place
prior to the limitation in section 141(g).
Advanced Research Projects Agency--Energy
Appropriation, 2020................................... $425,000,000
Budget estimate, 2021................................. -310,744,000
Recommended, 2021..................................... 435,000,000
Comparison:
Appropriation, 2020............................... +10,000,000
Budget estimate, 2021............................. +745,744,000
The Advanced Research Projects Agency--Energy (ARPA-E)
supports research aimed at rapidly developing energy
technologies whose development and commercialization are too
risky to attract sufficient private sector investment but are
capable of significantly changing the energy sector to address
our critical economic, environmental, and energy security
challenges. The technology breakthroughs funded by ARPA-E have
significant commercial impact and have received billions of
dollars in private-sector funding to continue to advance those
technologies toward the marketplace. Projects funded by ARPA-E
include wide-ranging areas such as production processes for
transportation fuel alternatives that can reduce our dependence
on imported oil, heating and cooling technologies with
exceptionally high energy efficiency, and low-cost electric
aviation technologies.
The Committee again strongly rejects the short-sighted
proposal to terminate ARPA-E. Instead, the Committee continues
investment in this transformational program and directs the
Department to continue to spend funds provided on research and
development and program direction. The Department shall not use
any appropriated funds to plan or execute the termination of
ARPA-E. The Department is directed to disburse funds
appropriated for ARPA-E within a reasonable time period.
Title 17 Innovative Technology Loan Guarantee Program
ADMINISTRATIVE EXPENSES
GROSS APPROPRIATION
Appropriation, 2020................................... $32,000,000
Budget estimate, 2021................................. 3,000,000
Recommended, 2021..................................... 32,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +29,000,000
OFFSETTING COLLECTIONS
Appropriation, 2020................................... -$3,000,000
Budget estimate, 2021................................. -3,000,000
Recommended, 2021..................................... -3,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
RESCISSIONS AND CANCELLATIONS
Appropriation, 2020................................... $ - - -
Budget estimate, 2021................................. -384,659,000
Recommended, 2021..................................... - - -
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +384,659,000
NET APPROPRIATION
Appropriation, 2020................................... $29,000,000
Budget estimate, 2021................................. -384,659,000
Recommended, 2021..................................... 29,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +413,659,000
The Committee rejects the budget proposal to use prior-year
balances to cover administrative expenses and the proposed
rescission of credit subsidy and cancellation of commitment
authority appropriated by Public Law 112-10 and Public Law 111-
5.
The Committee recommends $32,000,000 in administrative
expenses for the Loan Guarantee Program, an increase of
$29,000,000 above the budget request. The recommendation is
offset by $3,000,000 in collections from loan guarantee
applicants, for a net appropriation of $29,000,000. No funds
recommended under this heading may be used to plan, develop,
implement, or pursue the elimination of the Title 17 Innovative
Technologies Program.
Advanced Technology Vehicles Manufacturing Loan Program
Appropriation, 2020................................... $5,000,000
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... 5,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +5,000,000
The Energy Independence and Security Act of 2007
established a direct loan program to support the development of
advanced technology vehicles and associated components in the
United States. The program provides loans to automobile and
automobile part manufacturers for the cost of re-equipping,
expanding, or establishing manufacturing facilities in the
United States to produce advanced technology vehicles or
qualified components, and for associated engineering
integration costs. The Committee rejects the budget proposal to
eliminate the Advanced Vehicles Manufacturing Program and
provides $5,000,000. The Committee also rejects the budget
proposal to rescind $4,250,000,000 in emergency funds
appropriated by Public Law 110-329. The Committee directs the
Department to expeditiously evaluate and adjudicate all loan
applications received. The Department is further directed to
provide to the Committee not later than 90 days after enactment
of this Act a briefing that includes a status update on each
loan application received.
Tribal Energy Loan Guarantee Program
Appropriation, 2020................................... $2,000,000
Budget estimate, 2021................................. -8,500,000
Recommended, 2021..................................... 2,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +10,500,000
The Energy Policy Act of 2005 established a loan guarantee
program for energy development to provide or expand electricity
on Indian land. The Committee rejects the budget proposal to
eliminate this program and provides $2,000,000. The Committee
also rejects the budget proposal to rescind $8,500,000
appropriated by Public Law 115-31. The Department is encouraged
to take formal steps to market this program and ensure the
program's availability, benefits, and application process are
made known to potential applicants who are ready to seek
financing.
Indian Energy Policy and Programs
Appropriation, 2020................................... $22,000,000
Budget estimate, 2021................................. 8,005,000
Recommended, 2021..................................... 22,250,000
Comparison:
Appropriation, 2020............................... +250,000
Budget estimate, 2021............................. +14,245,000
The Energy Policy Act of 2005 established the Office of
Indian Energy and Policy Programs. The Office of Indian Energy
provides technical assistance, direct and remote education,
policy research and analysis, and financial assistance to
Indian tribes, Alaska Native Village and Regional corporations,
and Tribal Energy Resource Development Organizations.
The Committee encourages the Department to use its cost
share waiver authority under section 988 of the Energy Policy
Act of 2005 when applicable.
Departmental Administration
GROSS APPROPRIATION
Appropriation, 2020................................... $254,378,000
Budget estimate, 2021................................. 229,472,000
Recommended, 2021..................................... 252,378,000
Comparison:
Appropriation, 2020............................... -2,000,000
Budget estimate, 2021............................. +22,906,000
REVENUES
Appropriation, 2020................................... -$93,378,000
Budget estimate, 2021................................. -93,378,000
Recommended, 2021..................................... -93,378,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
NET APPROPRIATION
Appropriation, 2020................................... $161,000,000
Budget estimate, 2021................................. 136,094,000
Recommended, 2021..................................... 159,000,000
Comparison:
Appropriation, 2020............................... -2,000,000
Budget estimate, 2021............................. +22,906,000
Funding recommended for Departmental Administration
provides for general management and program support functions
benefiting all elements of the Department, including the
National Nuclear Security Administration. The account funds a
wide array of Headquarters activities not directly associated
with the execution of specific programs. The recommendation
includes eight reprogramming control points in this account to
provide flexibility in the management of support functions. The
Committee rejects the budget proposal to create a new account
for the Artificial Intelligence and Technology Office and
instead has included this as a reprogramming control point
within this account. Other Departmental Administration includes
Management, Project Management Oversight and Assessments, Chief
Human Capital Officer, Office of Technology Transitions, Office
of Small and Disadvantaged Business Utilization, General
Counsel, Office of Policy, and Public Affairs. The Department
is directed to continue to submit a budget request that
proposes a separate funding level for each of these activities.
Program Direction.--The recommendation includes $5,119,000
for Program Direction and does not include funds to support an
arctic energy coordinator position. The Committee directs the
Department to develop a research agenda related to arctic
energy, including Counter-Unmanned Aircraft System
technologies, and to brief the Committee not later than 90 days
after enactment of this Act on this agenda.
Economic Impact and Diversity.--The recommendation includes
$10,169,000 for Economic Impact and Diversity, the same as
fiscal year 2020 and $238,000 above the budget request. The
Department is directed to provide to the Committee not later
than 120 days after enactment of this Act a report detailing
the Department's efforts on minority education, workforce, and
training programs that create hands-on training at laboratories
and in the field and prepare students that are traditionally
underrepresented in STEM disciplines.
Chief Information Officer.--The recommendation includes
$140,500,000. The Committee notes the importance of
prioritizing funding for cybersecurity activities at a time
when cyber threats to the Department's facilities, sites, and
national laboratories are increasing. Within this amount, not
less than $71,800,000 shall be for cybersecurity and secure
information.
International Affairs.--Within available funds, the
recommendation includes $2,000,000 for the Israel Binational
Industrial Research and Development (BIRD) Foundation and
$4,000,000 for the U.S.-Israel Center of Excellence in Energy,
Engineering and Water Technology. The Committee is supportive
of the Department's continued work in energy cooperation with
Ukraine, including providing technical assistance in developing
winter action plans and the current effort to assist with a
national energy resiliency plan. The Committee encourages
additional work in areas of importance to both countries,
including technical assistance support for Ukrainian national
energy security strategies and development of low carbon
sources of energy.
Artificial Intelligence and Technology Office.--The
Committee rejects the budget proposal to create a new account
for the Artificial Intelligence and Technology Office,
including the proposal to originate programmatic activities
within this Office. The Department represented to the Committee
that the funding provided in fiscal year 2020 would be used
solely for the purpose of funding personnel. However, the
Committee has learned that the Department has only used limited
funds for that stated and intended purpose. As such, the
recommendation provides no funding for the Office, and the
Department is directed to utilize unused fiscal year 2020 funds
to support close-out activities of the Office. While the
Committee was originally supportive of the concept of an office
to coordinate programmatic research regarding artificial
intelligence and machine learning throughout the Department,
the Department's lack of transparency regarding the activities
of this Office and its disregard of specific congressional
direction have resulted in a lack of trust in the Department
and this Office to faithfully uphold statutory requirements and
congressional direction. The Department is directed to continue
programmatic activities regarding artificial intelligence and
machine learning related to the Department's mission through
the appropriate program offices and directs the Secretary to
lead coordination of all program offices across the Department.
Further, the Department is reminded that a reprogramming may
not be employed to initiate new programs or to change program,
project, or activity allocations specifically denied or limited
by the Congress in this Act or report. Additionally, no
personnel from other program offices may work in the Office
unless that program office is fully reimbursed from funds
directly appropriated to the Office in the fiscal year 2020
Act.
Other Departmental Administration.--The recommendation
provides $26,000,000 for the Chief Human Capital Officer and
$54,358,000 for Management.
The recommendation provides $13,000,000 for Project
Management Oversight and Assessments. The Committee directs the
Department to provide a briefing not later than 60 days after
enactment of this Act detailing how it plans to address GAO's
high-risk concerns.
Office of Technology Transitions.--The recommendation
provides $5,000,000 above the budget request for the Office of
Technology Transitions for a competitive funding opportunity
for incubators building energy innovation clusters. These
incubators should have the support of state, regional, and
local entities. The Department is directed to provide to the
Committee not later than 120 days of awarding funds a report on
the impact these incubators have on job creation and workforce
development, including in low-income communities and under-
represented entrepreneurs.
The fiscal year 2020 Act directed the Department to provide
a report on the value of creating a nonprofit foundation that
will better promote the transfer of technology to the
marketplace. The Committee is still awaiting this report and
directs the Department to provide this report not later than 60
days after enactment of this Act.
Energy and Employment Report.--The recommendation provides
$2,000,000 for the Office of Strategic Planning and Policy to
complete an annual U.S. energy employment report that includes
a comprehensive statistical survey to collect data, publish the
data, and provide a summary report. The information collected
shall include data relating to employment figures and
demographics in the U.S. energy sector using methodology
approved by the Office of Management and Budget in 2016.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $28,000,000
to prevent, prepare for, and respond to coronavirus.
Office of the Inspector General
Appropriation, 2020................................... $54,215,000
Budget estimate, 2021................................. 57,739,000
Recommended, 2021..................................... 57,739,000
Comparison:
Appropriation, 2020............................... +3,524,000
Budget estimate, 2021............................. - - -
The Office of the Inspector General performs agency-wide
audit, inspection, and investigative functions to identify and
correct management and administrative deficiencies that create
conditions for existing or potential instances of fraud, waste,
and mismanagement. The audit function provides financial and
performance audits of programs and operations. The inspections
function provides independent inspections and analyses of the
effectiveness, efficiency, and economy of programs and
operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
The Committee strongly supports the mission and
independence of the Office of the Inspector General and directs
the Department to provide to the Committee not later than 90
days after enactment of this Act a five-year staffing and
program plan necessary to achieve its audit, inspection, and
investigative mission.
ATOMIC ENERGY DEFENSE ACTIVITIES
The Atomic Energy Defense Activities programs of the
Department in the National Nuclear Security Administration
(NNSA) consist of Weapons Activities, Defense Nuclear
Nonproliferation, Naval Reactors, and Federal Salaries and
Expenses. Outside of the NNSA, Atomic Energy Defense Activities
programs include Defense Environmental Cleanup, Defense Uranium
Enrichment Decontamination and Decommissioning, and Other
Defense Activities. Descriptions of each of these accounts are
provided below.
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The Department of Energy is responsible for enhancing U.S.
national security through the military application of nuclear
technology and reducing the global danger from the
proliferation of weapons of mass destruction. The NNSA, a semi-
autonomous agency within the Department, carries out these
responsibilities. Established in March 2000, pursuant to title
32 of the National Defense Authorization Act for Fiscal Year
2000, the NNSA is responsible for the management and operation
of the nation's nuclear weapons complex, nuclear
nonproliferation activities, and naval reactors. The
recommendation includes $18,037,617,000 for the NNSA,
$1,333,025,000 above fiscal year 2020.
Carryover Balances.--The Committee is concerned that the
Department is not considering carryover balances, particularly
within Infrastructure and Operations, in its budget formulation
process. The NNSA shall submit to the Committee not later than
60 days after enactment of this Act a plan to reduce its
carryover balances to applicable thresholds by the end of
fiscal year 2021. The Comptroller General of the United States
shall assess the adequacy of the NNSA's plan and its
interpretation of the applicable thresholds and brief the
Committee on its findings not later than 120 days after
enactment of this Act.
The Committee encourages the NNSA to coordinate with the
Department of Defense on opportunities to observe and
participate in table-top exercises and other scenario-based,
non-training exercises that are currently being conducted and
planned as part of the Wargaming Incentive Fund, and the NNSA
is encouraged to keep the Committee informed of such
opportunities.
Weapons Activities
Appropriation, 2020................................... $12,457,097,000
Budget estimate, 2021................................. 15,602,000,000
Recommended, 2021..................................... 13,659,617,000
Comparison:
Appropriation, 2020............................... +1,202,520,000
Budget estimate, 2021............................. -1,942,383,000
Weapons Activities ensures the safety, security,
reliability, and effectiveness of the nation's nuclear weapons
stockpile without nuclear explosive testing. These activities
were traditionally funded by four main elements: Directed
Stockpile Work; Research, Development, Test, and Evaluation;
Infrastructure and Operations; and Security functions.
The budget request proposes a new structure for Weapons
Activities that replaces work funded within Directed Stockpile
Work and Research, Development, Test and Evaluation with three
new elements: Stockpile Management; Production Modernization;
and Stockpile Research, Technology, and Engineering. The
Committee notes the NNSA's efforts to engage in a constructive
and transparent manner in communicating the proposed changes.
While the recommendation adopts some of the proposed changes,
modifications have been made where the Committee believes
additional oversight and monitoring is necessary.
Next Generation Stockpile Stewardship.--The Committee is
aware that the NNSA is assessing the major science questions
facing the Stockpile Stewardship Program over the next 20 years
and is developing a plan to ensure continued confidence in the
stockpile without nuclear explosive testing. The NNSA shall
brief the Committee not later than 60 days after enactment of
this Act on the status of its plan.
Integrated Priorities Report.--The NNSA is managing an
increasing and highly interdependent workload. Much of this
work requires significant investments to reconstitute key
capabilities and materials, recapitalize infrastructure and
construct new facilities, and modernize cyber and physical
security functions. The shifting priorities, costs, and need
dates for accomplishing this work make it difficult to conduct
oversight. Therefore, the NNSA is directed to provide to the
Committee a classified integrated priorities report (IPR) for
Weapons Activities each year with the budget request, beginning
with the fiscal year 2022 budget request. The purpose is to
provide an integrated look at the priorities, assumptions, and
risks underpinning the budget request and the Future Years
Nuclear Security Program and how they have changed from the
prior year. The IPR shall include a framework for how the
programs and projects have been prioritized within the budget
request and the identification of any capability gaps that
drive the priorities within the budget request, such as
strategic material needs, age-out of components, and
infrastructure.
Tungsten.--The Committee notes the importance of ensuring a
secure and reliable supply chain for critical minerals and
materials and encourages the NNSA to consider the use of
domestically-produced tungsten powder and slabs.
Kansas City National Security Campus.--The GAO has
identified a shortage of up to 400,000 square feet of
production and administrative space within the Kansas City
National Security Complex needed to meet the demands of the
NNSA's workload. The NNSA shall provide the Committee periodic
updates on the status of the agency's ongoing study to assess
requirements for space and non-nuclear component manufacturing.
Additionally, the NNSA shall brief the Committee not later than
30 days after completing the requirements study.
STOCKPILE MANAGEMENT
Stockpile Management includes all activities that directly
sustain and modernize the nuclear stockpile. These activities
include maintenance, operations, surveillance, dismantlement,
and weapon acquisition programs including life extensions,
modifications, and alterations. Much of this work was
previously funded within the former Directed Stockpile Work.
The Committee recommends $4,237,244,000 for Stockpile
Management.
W80-4 Life Extension Program.--The NNSA shall brief the
Committee not later than 60 days after enactment of this Act on
the benefits, drawbacks, and implications of extending the need
date of the first and last production unit by one year.
W87-1 Modification Program.--The W87-1 Modification Program
requires close synchronization with the NNSA's primary
capability and non-nuclear modernization efforts, which carry
significant risk. The Committee expects to receive quarterly
briefings on the status, scope, and cost of the program,
beginning not later than 90 days after enactment of this Act.
W93 Modernization Activity.--No funding is provided for the
W93 and no funding shall be spent on this activity. The NNSA
has provided limited details on why starting Phase 1 Concept
Assessment is needed in fiscal year 2021, the drivers for this
decision, or how such a decision is likely to impact retirement
of any of the Navy's existing strategic systems. The NNSA
proposed to manage the W93 modernization activity using the
joint Department of Energy-Department of Defense nuclear
weapons lifecycle process, but the Committee is concerned that
this process is out of date and does not include current best
practices. Until such questions and concerns are adequately
addressed, the Committee will not consider funding for this
activity.
Sea-Launched Cruise Missile Study.--No funds were
requested, and no funds are provided for the purposes of
studying a Sea-Launched Cruise Missile. The NNSA is directed,
in coordination with the Navy, to brief the Committee not later
than 30 days after enactment of this Act on the status of the
ongoing analysis of alternatives and design definition.
Peer Review and Competition.--The Committee remains
concerned that the majority of non-nuclear components,
electronics, and systems have not benefited from independent
peer review and competition and that an architecture is not in
place that leverages the capabilities of the Department's
national laboratories to accomplish this, which can lead to
unnecessary costs and delays. The fiscal year 2020 Act directed
the NNSA to brief the Committee on its plan to implement peer
review and design competition. The Committee is still awaiting
this briefing and directs the NNSA to provide the briefing not
later than 30 days after enactment of this Act.
Joint Nuclear Weapons Lifecycle Process.--The Committee is
concerned the existing joint nuclear weapons lifecycle process
lacks modern management controls such as upfront planning,
analysis of alternatives that meets GAO best practices, and
earlier cost estimating. The Committee is further concerned
that some of these controls are optional and are not
consolidated within one Departmental order or directive. Parts
of the lifecycle process, particularly Phase 1, have not been
exercised in decades. The Office of Cost Estimating and Program
Evaluation (CEPE) shall assess and compare the current
lifecycle acquisition process and Order 413.3B. The assessment
shall include an inventory of the management controls present
under each process, whether each control is optional or
mandatory, and recommendations for how the NNSA should amend
the existing lifecycle process to align with program planning
and management best practices. This assessment shall be
provided to the Committee not later than 120 days after
enactment of this Act. Not later than 30 days after providing
CEPE's assessment, the NNSA shall brief the Committee on NNSA's
plans to incorporate CEPE's recommendations.
PRODUCTION MODERNIZATION
Production Modernization includes all activities needed to
restore and modernize production capabilities. These activities
include restoring and modernizing the capability to produce
primaries, secondaries, and non-nuclear components. Portions of
Production Modernization were previously funded within the
former Directed Stockpile Work. The Committee recommends
$1,858,667,000 for Production Modernization.
The nuclear security enterprise requires access to a
variety of critical non-nuclear materials. The Committee is
pleased that the NNSA is moving forward with upgrading
production and processing capacity to manufacture and machine
non-nuclear materials. The Committee encourages the NNSA to
proceed with further development and demonstration of
industrial powder consolidation methods, evaluation and
procurement of raw materials, and development of graphite
manufacturing capabilities. The recommendation includes not
less than $6,000,000 for this effort and to sustain precision
beryllium machining capabilities and the availability of a
domestic oxide production source. The NNSA is directed to brief
the Committee not later than 60 days after enactment of this
Act on the status of these activities and periodically
thereafter.
Plutonium Modernization.--Within funds provided, not less
than $7,000,000 shall be for workforce development and training
partnerships with Historically Black Colleges and Universities,
Hispanic-Serving Institutions, and Tribal Colleges and
Universities in South Carolina and New Mexico to support
plutonium pit production.
Plutonium Pit Production.--The Committee notes that NNSA
has taken a number of positive steps, including the shift to
managing infrastructure investments in New Mexico and South
Carolina under DOE Order 413.3B, has developed some high-level
milestones, and has improved the transparency and quality of
the data provided to the Committee. However, the Committee
remains concerned that the NNSA has not prioritized the
development of a resource-loaded integrated master schedule
that includes all pit production-related project and program
activities as recommended by the GAO, and does not appear to
have plans to complete such a schedule until after it would
have had to achieve certain pit production milestones. As such,
the NNSA is directed to submit to the Committee not later than
30 days after enactment of this Act a plan to complete the
resource-loaded integrated master schedule. The Comptroller
General shall review the NNSA's plan and brief its finding to
the Committee not later than 90 days after enactment of this
Act.
Additionally, the Committee remains concerned about the
lack of a contingency plan should the NNSA not meet current pit
production milestones. Given the NNSA's continuing challenges
in constructing large, complex nuclear facilities on time and
on budget, coupled with the extremely constrained timeframe and
planned use of expedited processes and procedures, the risk of
not meeting pit production milestones is high. Similar concerns
were included in a 2019 independent assessment, which concluded
that ``no available option can be expected to provide 80 pits
per year by 2030.'' The NNSA is directed to develop, in
coordination with the Department of Defense, a contingency plan
to meet the needs of the nuclear deterrent that do not solely
rely on the current need dates for pit production. This plan
shall be submitted to the Committee not later than 120 days
after enactment of this Act, and updated and submitted each
year thereafter with the budget request. The plan shall include
options to ramp up pit production that extend the current need
dates for pit production; how the hedge and fielded stockpile
could be configured to serve as an interim solution; and an
estimate of how many years current pit production need dates
could be extended by advancing pit reuse concepts.
Domestic Uranium Enrichment.--While the NNSA has initiated
a technology down-select process through an ongoing analysis of
alternatives, the Committee encourages the NNSA to consider
open competition as one of the options for the manufacturing
and operation of centrifuges to meet national security mission
requirements if a technology is recommended for deployment. The
NNSA is directed to brief the Committee not later than 60 days
after enactment of this Act on its plan to engage commercial
industry as part of its acquisition strategy.
University Collaboration.--The Committee notes the
importance of collaborations between research universities and
national laboratories as the NNSA modernizes manufacturing and
production capabilities. The Committee recognizes this requires
a steady pipeline of technical talent to meet growing workforce
needs. The recommendation provides up to $6,000,000 to
establish a Center of Excellence led by a university with a
school of engineering that has expertise in lifetime extension
research and materials science. The Center's focus shall be on
developing new additive and advanced manufacturing techniques,
technologies, and methodologies to evaluate, diagnose, and
control materials for production and manufacturing purposes.
STOCKPILE RESEARCH, TECHNOLOGY, AND ENGINEERING
Stockpile Research, Technology, and Engineering (SRT&E)
includes all activities to strengthen science-based stockpile
stewardship capabilities to annually certify and assess the
stockpile. These activities include assessments, advanced
computing and manufacturing, experimental capabilities, and
academic partnerships. Portions of SRT&E were previously funded
within the former Research, Development, Test, and Evaluation.
The Committee recommends $2,660,285,000 for SRT&E.
Academic Programs.--Within Academic Programs, $35,000,000
shall be for the Minority Serving Institution Partnership
Program and $5,000,000 shall be for Tribal Colleges and
Universities. The recommendation adopts the proposal to move
the Joint Program in High Energy Density Laboratory Plasmas
from the Inertial Confinement Fusion program into Academic
Programs and provides $8,700,000.
The National Laboratory Jobs ACCESS Program was authorized
in the fiscal year 2020 National Defense Authorization Act to
support apprenticeship and preapprenticeship programs to help
fill critical gaps within the NNSA's workforce. These
apprenticeship programs engage high schools, community
colleges, universities, and other higher education institutions
and workforce intermediaries working in partnership with
national laboratories. The NNSA is directed to provide to the
Committee not later than 120 days after enactment of this Act a
plan for implementing this program, including milestones and a
projected funding profile. The recommendation includes
$5,000,000 for this effort.
Enhanced Capabilities for Subcritical Experiments (ECSE).--
The Committee is concerned with recent cost increases and the
acquisition approach for ECSE. The NNSA shall brief the
Committee not later than 60 days after enactment of this Act on
the status of ECSE and the updated performance baseline.
Inertial Confinement Fusion (ICF) and High Yield.--Within
the ICF program, the recommendation includes $344,000,000 for
the National Ignition Facility, $66,900,000 for the Z Facility,
and not less than $80,000,000 for the OMEGA Laser Facility.
Within funds provided for Facility Operations, not less than
$31,000,000 shall be for the NNSA to manage target development
and acquisition. The Committee looks forward to receiving the
findings from the JASON Defense Advisory Panel's independent
review in an expeditious manner.
Advanced Simulation and Computing.--Within funds provided
for Advanced Simulation and Computing, $25,000,000 shall be for
advanced memory technology research.
Stockpile Responsiveness Program.--The NNSA shall submit to
the Committee an annual report with the budget request that
includes a detailed accounting and status of each program,
project, and activity within the program. The Committee expects
to receive timely updates on the status of any new and existing
taskings, studies, and assessments.
Weapons Technology and Manufacturing Maturation.--The
Committee expects the NNSA to ensure there is a robust and
cost-effective management process in place to mature technology
and manufacturing based upon independent subject matter peer
review and validated requirements to ensure the highest return
on investment. The NNSA shall brief the Committee not later
than 120 days after enactment of this Act on how it is managing
these activities.
SECURE TRANSPORTATION ASSET
The Secure Transportation Asset (STA) provides safe and
secure transportation of nuclear weapons, weapon components,
and special nuclear material throughout the nuclear security
enterprise. The STA workforce includes federal agents and
program management staff.
INFRASTRUCTURE AND OPERATIONS
Infrastructure and Operations provides funding for the base
operations, maintenance, and recapitalization of the NNSA's
facilities and infrastructure.
The NNSA, in coordination with the Office of Science, is
directed to review the NNSA's interpretation, procedures, and
timelines used to sell, lease, grant, and dispose of real and
personal property as authorized by the Atomic Energy Act. The
review shall compare the NNSA's procedures, timelines, and
interpretations with how the Office of Science conducts these
activities. The NNSA shall brief the Committee not later than
90 days after enactment of this Act on the results of the
review.
LEGACY CONTRACTOR PENSIONS
The Committee provides $101,668,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Defense Nuclear Nonproliferation
Appropriation, 2020................................... $2,164,400,000
Budget estimate, 2021................................. 2,031,000,000
Recommended, 2021..................................... 2,240,000,000
Comparison:
Appropriation, 2020............................... +75,600,000
Budget estimate, 2021............................. +209,000,000
DEFENSE NUCLEAR NONPROLIFERATION
Funding for the Office of Defense Nuclear Nonproliferation
is provided across five programs: Global Material Security,
Material Management and Minimization, Nonproliferation and Arms
Control, Defense Nuclear Nonproliferation R&D, Nonproliferation
Construction, and National Technical Nuclear Forensics Research
and Development.
No funds were requested to transfer excess plutonium from
the State of South Carolina to the State of Nevada to comply
with 50 U.S.C. 2566 and no funds are provided for this purpose.
In concert with the NNSA's efforts to implement a safe,
secure, and cost-effective approach to dispose of surplus
plutonium, the Committee encourages efforts to engage the
interagency and international partners as appropriate on
mutually beneficial plutonium disposition protocols.
Within funds provided, not less than $5,000,000 shall be
for research and engagement on applications of nuclear
security, safeguards, and export controls for advanced nuclear
reactor designs.
Global Material Security.--The recommendation includes
$21,500,000 for the Green Border Security Initiative within the
Nuclear Smuggling Detection and Deterrence program. The
Committee recognizes the importance of improving the security
of border crossings to prevent nuclear smuggling and
accelerating partnerships, particularly within Eastern Europe.
Within available funds for Domestic Radiological Security, the
recommendation provides $25,000,000 for the Cesium Irradiator
Replacement Project and up to $10,000,000 to address the
container breach in Seattle, Washington. The Committee notes
the importance of accelerating the removal of cesium devices to
permanently reduce the risk of terrorist use of a radiological
dispersal device in the U.S.
Material Management and Minimization.--The recommendation
provides $60,000,000 within Laboratory and Partnership Support
for a new competitively awarded funding opportunity to expedite
the establishment of a stable domestic source of Mo-99. The
NNSA is directed to provide to the Committee not later than 90
days after enactment of this Act a plan clarifying the
remaining milestones and projected costs necessary to
successfully establish a domestic capability to produce
sufficient quantities of Mo-99 without the use of highly
enriched uranium.
Defense Nuclear Nonproliferation Research and Development
(DNN R&D).--The recommendation includes funding above the
request to advance U.S. capabilities to detect and characterize
low yield and evasive underground nuclear explosions and
weaponization activities. The Committee notes the importance of
the University Consortia and Nonproliferation Stewardship
programs and includes $15,000,000 for the University Consortia
for Nuclear Nonproliferation Research. The NNSA is directed to
evaluate the establishment of a nuclear materials processing
test bed capability to address proliferation concerns within
the evolving civilian nuclear fuel cycle and to brief the
Committee not later than 120 days after enactment of this Act
on its findings. The recommendation also includes $20,000,000
within Nonproliferation Fuels Development for the national
laboratories to develop high-density, low-enriched fuels that
could replace highly enriched uranium for naval applications.
National Technical Nuclear Forensics Research and
Development.--While parts of this mission have traditionally
resided in multiple federal agencies, including the NNSA, the
budget request seeks to consolidate scope and funding within
the NNSA. The NNSA shall develop a strategic plan to manage
this activity. The plan shall be threat-informed, establish
near- and long-term research and development (R&D) milestones
that have been coordinated with stakeholders, and clarify how
R&D, counterterrorism, and counterproliferation activities will
be integrated. The plan shall evaluate potential mission need
and benefits of establishing a low-background radiation
laboratory capability with access to Category I special nuclear
materials representative of both weapons and commercial uses to
support activities such as accelerator-based photonuclear,
neutron activation, chemistry and isotope separation, treaty
verification, and technical capabilities enabling emergency
response, including a cost estimate. The plan shall also
evaluate the mission need and benefits of establishing an
analytical test laboratory that is co-located with criticality
assembly irradiation capabilities allowing near-real-time
measurements of early decay products to support the NNSA's
nuclear forensics mission, including a cost estimate, and shall
consider potential partnership opportunities to leverage
regional institutions of higher education. The NNSA shall brief
the Committee not later than 120 days after enactment of this
Act on its plan.
NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE
The NNSA's Nuclear Counterterrorism and Incident Response
programs respond to and mitigate nuclear and radiological
incidents worldwide to reduce the threat of nuclear terrorism.
Radiological Assistance Program.--The Radiological
Assistance Program plays a significant role in the nation's
ability to detect, deter, and respond to a domestic nuclear or
radiological incident. The Committee notes the critical
importance of this program's efforts to recapitalize necessary
equipment to meet mission needs.
LEGACY CONTRACTOR PENSIONS
The Committee provides $14,348,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2020................................... $1,648,396,000
Budget estimate, 2021................................. 1,684,000,000
Recommended, 2021..................................... 1,684,000,000
Comparison:
Appropriation, 2020............................... +35,604,000
Budget estimate, 2021............................. - - -
The Naval Reactors program is responsible for all aspects
of naval nuclear propulsion from technology development through
reactor operations to ultimate reactor plant disposal. The
program provides for the design, development, testing, and
evaluation of improved naval nuclear propulsion plants and
reactor cores.
The recommendation fully funds the request to develop the
Columbia-Class submarine, to refuel the S8G prototype, and
continue the Spent Fuel Handling Recapitalization Project.
Project Management.--In 2019, the NNSA notified the
Committee that scheduled completion of the S8G prototype and
Spent Fuel Handling Recapitalization Project would be delayed.
The Committee appreciates the transparency with which the NNSA
has provided project management information and urges the NNSA
to ensure controls are in place to minimize the potential of
future delays and cost increases.
Advanced Test Reactor Power Generation.--The Committee is
aware of an ongoing initial feasibility assessment to review
increasing the Advanced Test Reactor's power generation from 60
to 70 megawatts. The Committee looks forward to receiving the
results of the assessment.
Naval Reactors Development.--Within amounts for Naval
Reactors Development, $91,000,000 is transferred to the Office
of Nuclear Energy for Advanced Test Reactor operations.
Federal Salaries and Expenses
Appropriation, 2020................................... $434,699,000
Budget estimate, 2021................................. 454,000,000
Recommended, 2021..................................... 454,000,000
Comparison:
Appropriation, 2020............................... +19,301,000
Budget estimate, 2021............................. - - -
The Federal Salaries and Expenses account provides
salaries, corporate planning, oversight, and management for
Defense Programs, Defense Nuclear Nonproliferation, and Naval
Reactors, including the NNSA field offices in New Mexico,
Nevada, and California.
Human Capital Management.--The Committee remains concerned
that NNSA programs continue to suffer from chronic staffing
shortages, particularly for experienced and senior program
management staff for weapons acquisitions and strategic
materials, as identified by the recent CEPE analysis. These
shortages hinder federal management of highly technical
programs with significantly increasing scope. The NNSA is
directed to implement a pilot program for expedited hiring that
takes no longer than 15 business days from the time the program
office identifies a hiring need to the time the human capital
office provides an entry on date to the prospective employee.
Positions eligible for the pilot program shall include those
identified by the Deputy Administrators as being most critical
to meeting cost, schedule, security, and safety requirements.
The NNSA shall brief the Committee not later than 30 days after
enactment of this Act on its plan to implement this
requirement. CEPE shall evaluate the plan and provide
recommendations to improve the efficiency of the human capital
office and processes. CEPE's evaluation and recommendations
shall be briefed to the NNSA and provided to the Committee not
later than 60 days after enactment of this Act. Not more than
90 percent of funds may be obligated until the plan and CEPE's
evaluation is submitted to the Committee.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
Appropriation, 2020................................... $6,255,000,000
Budget estimate, 2021................................. 4,983,608,000
Recommended, 2021..................................... 6,321,000,000
Comparison:
Appropriation, 2020............................... +66,000,000
Budget estimate, 2021............................. +1,337,392,000
The Defense Environmental Cleanup account provides funding
for identifying and reducing risks and managing waste at sites
where the nation carried out defense-related nuclear research
and production activities that resulted in radioactive,
hazardous, and mixed waste contamination requiring remediation,
stabilization, or some other cleanup action.
While the budget request for the Office of Environmental
Management (EM) included increases at some sites, those
increases were at the expense of other important cleanup
activities at sites, including Hanford, Idaho, and Oak Ridge.
The recommendation continues to fund a balanced approach that
sustains the momentum of ongoing cleanup activities more
consistently across all Department cleanup sites.
Hanford Site.--The recommendation includes funds above the
budget request for the Richland Operations Office and the
Office of River Protection to support stable funding for
cleanup activities at the Hanford Site.
Within the Richland Operations Office, not less than
$28,000,000 is provided within Central Plateau for groundwater
remediation and site critical infrastructure. The
recommendation also provides $2,500,000 to develop in-depth
plans and processes for the permanent off-site removal of Sr-90
capsules currently stored at the Waste Encapsulation and
Storage Facility.
The Department is reminded that meeting the Consent Decree
milestone for operations of Direct Feed Low Activity Waste must
remain the Department's top focus within the Office of River
Protection.
Idaho National Laboratory.--The Committee supports the
Department's efforts to analyze alternatives for the future of
spent fuel facilities at Idaho to include multi-purpose
canisters. The Committee encourages expediency in its review
and expects regular updates from the Department. The Department
shall consider establishing a university-led center for
environmental monitoring, ongoing legacy management, and the
development of decision support tools for community-based
response at Idaho National Laboratory.
Oak Ridge.--The Department is reminded that the completion
of preparations for hot cell processing and the start of hot
cell processing and continued extraction of Thorium-229 must
remain a priority.
Savannah River Site.--Within funds for Risk Management
Operations, the recommendation provides $5,000,000 for
remediation of the D Area and $20,000,000 for H Canyon
operations. Within funds for Radioactive Liquid Tank Waste
Stabilization and Disposition, the recommendation provides not
less than $65,000,000 for Salt Waste Processing Facility
operations. The recommendation also includes $25,000,000 for
the final year of funding for the Advanced Manufacturing
Collaborative facility.
Waste Isolation Pilot Plant (WIPP).--The Committee provides
$10,000,000 for infrastructure improvements around the Waste
Isolation Pilot Plant, including roads and highways. The
Department is directed to brief the Committee not later than 60
days after enactment of this Act, and prior to obligating any
funds, on its plan for this funding. The plan, which may be
coordinated with the State of New Mexico, shall include data
from 1992 to 2020 that outlines WIPP-related road usage
compared to other heavy road users, including the oil and gas
industry, and how previously appropriated funding for this
activity was used. The plan should also include the specific
use of funds provided in the recommendation, and if they are to
be spent on roads or highways, specific locations for planned
improvements, and expected future needs.
The Committee supports the continued modernization of
underground equipment to zero-emission battery-electric
vehicles or very low emission equipment.
Technology Development.--Within Technology Development and
Deployment, $5,000,000 is provided for the National Spent
Nuclear Fuel Program to address issues related to storing,
transporting, processing, and disposing of Department-owned and
managed spent nuclear fuel. Within these amounts, the
Department shall use funding to address the need for additional
assessments into material degradation that may occur as a
result of multiple decades of EM spent nuclear fuel storage
facilities, nuclear material measuring and monitoring in the
Department's storage systems, and other activities recommended
by the U.S. Nuclear Waste Technical Review Board in its 2017
report on the Management and Disposal of U.S. Department of
Energy Spent Nuclear Fuel. The Committee appreciates the
Department's work to improve worker safety and provides up to
$6,500,000 to consider exploring options to develop and deploy
wearable robotic devices to enhance worker safety.
The Committee directs the Department to continue
independent review, analysis, and applied research to support
cost-effective, risk-informed cleanup decision-making.
The Committee does not include the $109,000,000 rescission
from excess facilities proposed in the budget request.
Defense Uranium Enrichment Decontamination and Decommissioning
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2020................................... $- - -
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... 821,583,000
Comparison:
Appropriation, 2020............................... +821,583,000
Budget estimate, 2021............................. +821,583,000
The Committee recommends $821,583,000 to fully offset the
fiscal year 2021 appropriation for the Uranium Enrichment
Decontamination and Decommissioning account.
Other Defense Activities
Appropriation, 2020................................... $906,000,000
Budget estimate, 2021................................. 1,054,727,000
Recommended, 2021..................................... 942,300,000
Comparison:
Appropriation, 2020............................... +36,300,000
Budget estimate, 2021............................. -112,427,000
The Other Defense Activities account provides funding for
the Office of Environment, Health, Safety and Security; the
Office of Independent Enterprise Assessments; the Office of
Legacy Management; Specialized Security Activities; Defense
Related Administrative Support; and the Office of Hearings and
Appeals.
The Committee again rejects the budget proposal to move the
Formerly Utilized Sites Remedial Action Program (FUSRAP) from
the U.S. Army Corps of Engineers (Corps) to the Department. The
Congress intentionally transferred FUSRAP from the Department
to the Corps in fiscal year 1998. The Department maintains
ownership of and accountability for real property interests.
The Committee remains pleased with the current cooperation
between the Department and the Corps in carrying out the FUSRAP
program and expects the Department to continue to provide its
institutional knowledge and expertise to ensure the success of
this program and to serve the nation and the affected
communities. The Committee notes its direction to the Corps to
submit its fiscal year 2022 budget request in the structure
outlined in this Act.
The Committee notes the Department's efforts to implement
tools to decrease the risk of inadvertent declassification and
increase efficiency and supports implementation of the Advanced
Computer Tools to Identify Classified Information initiative.
The Department is directed to brief the Committee not later
than 90 days after enactment of this Act on its efforts in this
area.
The Committee is troubled by the Department's continued
desire to reshape, often without apparent merit, the
Department's interactions with the Defense Nuclear Facilities
Safety Board at a time when high-risk and high-hazard
activities across the Department are increasing. The Committee
also remains concerned with the Department's Order 140.1,
Interface with the Defense Nuclear Facilities Safety Board, and
the potential impacts on the ability of the Board to carry out
Congressionally-mandated responsibilities even after revision
of the Order. The Committee is disappointed with the
Department's lack of communication with Congress regarding its
efforts to revise the Order and directs the Department to brief
the Committee not later than 30 days after enactment of this
Act on the revised Order. The Department is further directed to
enter into a Memorandum of Understanding with the Board to
govern how the organizations interact and interface.
The recommendation includes $12,000,000 above the budget
request for targeted investments to defend the U.S. energy
sector against the evolving threat of cyber and other attacks
in support of the resiliency of the nation's electric grid and
energy infrastructure.
POWER MARKETING ADMINISTRATIONS
Management of the federal power marketing functions was
transferred from the Department of the Interior to the
Department of Energy in the Department of Energy Organization
Act of 1977 (Public Law 95-91). These functions include the
power marketing activities authorized under section 5 of the
Flood Control Act of 1944 and all other functions of the
Bonneville Power Administration, the Southeastern Power
Administration, the Southwestern Power Administration, and the
power marketing functions of the Bureau of Reclamation that
have been transferred to the Western Area Power Administration.
All four power marketing administrations (PMAs) give
preference in the sale of their power to publicly-owned and
cooperatively-owned utilities. Operations of the Bonneville
Power Administration are financed principally under the
authority of the Federal Columbia River Transmission System Act
(Public Law 93-454). Under this Act, the Bonneville Power
Administration is authorized to use its revenues to finance the
costs of its operations, maintenance, and capital construction
and to sell bonds to the Treasury if necessary to finance any
additional capital program requirements.
Beginning in fiscal year 2011, power revenues from the
Southeastern, Southwestern, and Western Area Power
Administrations, which were previously classified as mandatory
offsetting receipts, were reclassified as discretionary
offsetting collections to directly offset annual expenses. The
capital expenses of Southwestern and Western Area Power
Administrations are appropriated annually.
Beginning in fiscal year 2018, the Congressional Budget
Office (CBO) changed its scoring of the PMAs. The change
stemmed from information on execution of language regarding
purchase power and wheeling expenses and offsetting collections
included in this bill each year. The Committee appreciates the
PMAs' and their customers' efforts to provide additional
financial information. As in previous years, to address the
increased score in the short-term, the recommendation reduces
the maximum level for purchase power and wheeling below the
budget request.
The Committee again rejects the budget proposal to sell the
transmission assets of the PMAs, change the laws governing how
the PMAs establish power rates, and repeal the borrowing
authority for the Western Area Power Administration. None of
the funds provided in this Act shall be used for such purposes.
Bonneville Power Administration Fund
The Bonneville Power Administration (BPA) is the
Department's marketing agency for electric power in the Pacific
Northwest. BPA provides electricity to a 300,000 square mile
service area in the Columbia River drainage basin and it
markets the power from federal hydropower projects in the
Northwest, as well as power from non-federal generating
facilities in the region, and exchanges and markets surplus
power with Canada and California.
Satsop Business Park, Washington.--The Committee notes the
ongoing efforts to provide increased power capacity to
underutilized infrastructure. Bonneville is encouraged to
continue to work with the local public utility district and
partners and to consider the economic development opportunities
this may support.
Operation and Maintenance, Southeastern Power Administration
Appropriation, 2020................................... $- - -
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... - - -
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
The Southeastern Power Administration (SEPA) markets
hydroelectric power produced at 22 Corps Projects in 11 states
in the southeast. Southeastern does not own or operate any
transmission facilities, so it contracts to ``wheel'' its power
using the existing transmission facilities of area utilities.
Operation and Maintenance, Southwestern Power Administration
Appropriation, 2020................................... $10,400,000
Budget estimate, 2021................................. 10,400,000
Recommended, 2021..................................... 10,400,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
The Southwestern Power Administration (SWPA) markets
hydroelectric power produced at 24 Corps projects in the six-
state area of Arkansas, Kansas, Louisiana, Missouri, Oklahoma,
and Texas. SWPA operates and maintains 1,380 miles of
transmission lines, along with supporting substations and
communications sites.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
Appropriation, 2020................................... $89,196,000
Budget estimate, 2021................................. 89,372,000
Recommended, 2021..................................... 89,372,000
Comparison:
Appropriation, 2020............................... +176,000
Budget estimate, 2021............................. - - -
The Western Area Power Administration is responsible for
marketing the electric power generated by the Bureau of
Reclamation, the Corps, and the International Boundary and
Water Commission. Western also operates and maintains a system
of transmission lines nearly 17,000 miles long. Western
provides electricity to 15 western states over a service area
of 1.3 million square miles.
Falcon and Amistad Operating and Maintenance Fund
Appropriation, 2020................................... $228,000
Budget estimate, 2021................................. 228,000
Recommended, 2021..................................... 228,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. - - -
Falcon Dam and Amistad Dam are two international water
projects located on the Rio Grande River between Texas and
Mexico. Power generated by hydroelectric facilities at these
two dams is sold to public utilities through WAPA. The Foreign
Relations Authorization Act for Fiscal Years 1994 and 1995
created the Falcon and Amistad Operating and Maintenance Fund
to defray the costs of operation, maintenance, and emergency
activities. The Fund is administered by the Western Area Power
Administration for use by the Commissioner of the U.S. Section
of the International Boundary and Water Commission.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2020................................... $382,000,000
Budget estimate, 2021................................. 404,350,000
Recommended, 2021..................................... 404,350,000
Comparison:
Appropriation, 2020............................... +22,350,000
Budget estimate, 2021............................. - - -
REVENUES
Appropriation, 2020................................... -$382,000,000
Budget estimate, 2021................................. -404,350,000
Recommended, 2021..................................... -404,350,000
Comparison:
Appropriation, 2020............................... -22,350,000
Budget estimate, 2021............................. - - -
The Committee recommendation for the Federal Energy
Regulatory Commission (FERC) is $404,350,000, the same as the
budget request. Revenues for FERC are established at a rate
equal to the budget authority, resulting in a net appropriation
of $0.
FERC is directed to submit to the Committee not later than
180 days after enactment of this Act a report detailing how it
will establish and operate the Office of Public Participation
required under section 319 of the Federal Power Act, beginning
in fiscal year 2022. As part of the report, FERC shall provide
an organizational structure and budget for the office
sufficient to carry out its statutory obligations. The report
shall assume that funding for the Office of Public
Participation will be derived through annual charges and filing
fees as authorized by the Federal Power Act and the Omnibus
Budget Reconciliation Act of 1986.
The Committee recognizes the importance of interregional
transmission planning to the effective deployment of renewable
energy sources and encourages FERC to undertake a review to
evaluate the effectiveness of its existing interregional
transmission coordination requirements and consider specific
improvements to those requirements that would better promote
the identification and development of more efficient and cost-
effective transmission facilities and cost allocation
methodologies that reflect the multiple benefits provided by
interregional transmission facilities.
COMMITTEE RECOMMENDATION
The Committee's detailed funding recommendations for
programs in Title III are contained in the following table.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER OF FUNDS)
The bill includes a provision that prohibits the use of
funds provided in this title to initiate requests for
proposals, other solicitations or arrangements for new programs
or activities that have not yet been approved and funded by the
Congress; requires notification or a report for certain funding
actions; prohibits funds to be used for certain multi-year
``Energy Programs'' activities without notification; prohibits
the obligation or expenditure of funds provided in this title
through a reprogramming of funds except in certain
circumstances; and permits the transfer and merger of
unexpended balances of prior appropriations with appropriation
accounts established in this bill.
The bill continues a provision that authorizes intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947.
The bill continues a provision that prohibits the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The bill continues a provision that prohibits the use of
funds provided in this title to approve critical decision-2 or
critical decision-3 for certain construction projects, unless a
separate independent cost estimate has been developed for that
critical decision.
The bill includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve (SPR).
The bill includes a provision to direct the Western Area
Power Administration to transfer funds to the Department of
Interior, Bureau of Reclamation's Upper Colorado River Basin
Fund and to prohibit certain payments.
The bill includes a provision prohibiting funding for
certain activities unless notification requirements are met.
The bill includes a provision prohibiting funding for
certain activities. This provision does not limit science-based
stockpile stewardship activities consistent with the zero-yield
standard and requirements under other provisions of law, such
as sections 2523, 2525, and 2401 of title 50, United States
Code.
The bill includes a provision prohibiting funding for a
certain activities.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
Appropriation, 2020................................... $175,000,000
Budget estimate, 2021................................. 165,000,000
Recommended, 2021..................................... 175,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +10,000,000
The Appalachian Regional Commission (ARC) is a regional
economic development agency established in 1965 by the
Appalachian Regional Development Act (Public Law 89-4). It is
composed of the governors of the 13 Appalachian states and a
federal co-chair appointed by the President. Each year, the ARC
provides funding for several hundred projects in the
Appalachian Region in areas such as business development,
education and job training, telecommunications, infrastructure,
community development, housing, and transportation.
The Committee directs $10,000,000 to develop projects
focused on workforce reentry strategies that both strengthen
local economies and support Appalachians who have achieved
long-term recovery from a substance use disorder.
To diversify and enhance regional business development,
$10,000,000 is provided to continue the program of high-speed
broadband deployment in distressed counties within the Central
Appalachian region that have been most negatively impacted by
the downturn in the coal industry.
Within available funds, not less than $15,000,000 is for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
Within available funds, the Committee directs $65,000,000
for activities in support of the POWER+ Plan for activities
that target resources to help communities and regions that have
been affected by job losses in coal mining, coal power plant
operations, and coal related supply chain industries due to the
economic downturn of the coal industry. These projects will
create and retain jobs, assist businesses, and prepare
thousands of workers and students with globally competitive
skills and opportunities in the region's manufacturing,
technology, entrepreneurship, agriculture, and other emerging
sectors.
The Committee encourages the ARC to expand activities in
the lower Appalachian region to stimulate greenhouse production
alternatives for small farmers in the region, including working
with a university partner. The Committee notes this activity
may provide potential to expand production opportunities and to
potentially expand the farm-to-table sector with direct and
indirect economic benefits.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas. The ARC provides about 60 percent of
its funds to benefit distressed counties or distressed areas in
the Appalachian region. The Committee continues to believe this
should be the primary focus of the ARC. The Committee directs
the ARC to provide to the Committee not later than 90 days
after enactment of this Act a formal report on the percentage
of funding that has been directed to persistent poverty
counties and high poverty areas in the last three fiscal years.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
Appropriation, 2020................................... $31,000,000
Budget estimate, 2021................................. 28,836,000
Recommended, 2021..................................... 31,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +2,164,000
The Defense Nuclear Facilities Safety Board (DNFSB) was
created by the National Defense Authorization Act for Fiscal
Year 1989. The Board, composed of five members appointed by the
President, provides advice and recommendations to the Secretary
of Energy regarding public health and safety issues at the
Department's defense nuclear facilities. The Board is
responsible for reviewing and evaluating the content and
implementation of the standards relating to the design,
construction, operation, and decommissioning of the Department
of Energy's defense nuclear facilities.
The Committee remains concerned that the Board is not
adequately staffed and directs the Board to increase its staff
to a minimum of 110 full-time equivalents with a focus on
maintaining appropriate technical capabilities. The Committee
notes the Board's progress in assigning additional site
representatives at key facilities. The Committee expects the
Board to fill the vacancy for the Executive Director of Board
Operations position as expeditiously as possible. Additionally,
the Board is directed to enter into a Memorandum of
Understanding with the Department of Energy to govern how the
organizations interact and interface.
Delta Regional Authority
SALARIES AND EXPENSES
Appropriation, 2020................................... $30,000,000
Budget estimate, 2021................................. 2,500,000
Recommended, 2021..................................... 15,000,000
Comparison:
Appropriation, 2020............................... -15,000,000
Budget estimate, 2021............................. +12,500,000
The Delta Regional Authority (DRA) is a federal-state
partnership established by the Delta Regional Authority Act of
2000 (Public Law 106-554) that serves a 252-county/parish area
in an eight-state region near the mouth of the Mississippi
River. Led by a federal cochair and the governors of each
participating state, the DRA is designed to remedy severe and
chronic economic distress by stimulating economic development
and fostering partnerships that will have a positive impact on
the region's economy. The DRA seeks to help local communities
leverage other federal and state programs that are focused on
basic infrastructure development, transportation improvements,
business development, and job training services. Under federal
law, at least 75 percent of appropriated funds must be invested
in distressed counties and parishes, with 50 percent of the
funds for transportation and basic infrastructure improvements.
The Committee rejects the budget proposal to eliminate
funding for the DRA and does not include any funds to shut down
the DRA.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas. The fiscal year 2020 Act directed the
DRA to provide a report on the percentage of funding and
summary of activities that have been directed to distressed
counties and isolated areas of distress in the last three
fiscal years. The Committee directs the DRA to provide to the
Committee not later than 90 days after enactment of this Act a
formal report on the percentage of funding that has been
directed to persistent poverty counties and high poverty areas
in the last three fiscal years.
The Committee recognizes the significant declines and job
losses that many rural communities located along highly-
utilized navigable waterways have experienced in recent years.
To assist these rural communities, the DRA is directed to
partner with at least one academic institution in the region to
investigate the economic competitiveness impact of tributaries
stemming from major waterway systems connecting to the Gulf
Intracoastal Waterway. The academic institution should have
expertise in basic and applied water research and management.
The DRA shall report its findings to the Committee not later
than 180 days after enactment of this Act.
Denali Commission
Appropriation, 2020................................... $15,000,000
Budget estimate, 2021................................. 7,300,000
Recommended, 2021..................................... 15,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +7,700,000
The Denali Commission is a regional development agency
established by the Denali Commission Act of 1998 (Public Law
105-277) to provide critical utilities, infrastructure, health
services, and economic support throughout Alaska. To ensure
that local communities have a stake in Commission-funded
projects, local cost-share requirements for construction and
equipment have been established for both distressed and non-
distressed communities.
The Committee rejects the budget proposal to eliminate
funding for the Denali Commission and does not include any
funds to shut down the Denali Commission.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas. The fiscal year 2020 Act directed the
Denali Commission to provide a report on the percentage of
funding and summary of activities that have been directed to
distressed counties and isolated areas of distress in the last
three fiscal years. The Committee directs the Denali Commission
to provide not later than 90 days after enactment of this Act a
formal report on the percentage of funding that has been
directed to persistent poverty counties and high poverty areas
in the last three fiscal years.
Northern Border Regional Commission
Appropriation, 2020................................... $25,000,000
Budget estimate, 2021................................. 850,000
Recommended, 2021..................................... 25,000,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. +24,150,000
The Food, Conservation, and Energy Act of 2008 (Public Law
110-234) authorized the establishment of the Northern Border
Regional Commission (NBRC) as a federal-state partnership
intended to address the economic development needs of
distressed portions of the four-state region of Maine, New
Hampshire, Vermont, and New York.
The Committee rejects the budget proposal to eliminate
funding for the NBRC and does not include any funds to shut
down the NBRC. The Committee supports targeted investment in
impoverished areas to promote economic development in
communities where it has been scarce, both in persistent
poverty counties and in other high-poverty areas. The fiscal
year 2020 Act directed the Commission to provide a report on
the percentage of funding and summary of activities that have
been directed to distressed counties and isolated areas of
distress in the last three fiscal years. The Committee directs
the NBRC to provide not later than 90 days after enactment of
this Act a formal report on the percentage of funding that has
been directed to persistent poverty counties and high poverty
areas in the last three fiscal years.
Within available funds, the Committee directs $4,000,000
for initiatives that seek to address the decline in forest-
based economies throughout the region and $1,250,000 for the
State Capacity Grant Program.
Southeast Crescent Regional Commission
Appropriation, 2020................................... $250,000
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... 1,000,000
Comparison:
Appropriation, 2020............................... +750,000
Budget estimate, 2021............................. +1,000,000
The Food, Conservation, and Energy Act of 2008 (Public Law
110-234) authorized the establishment of the Southeast Crescent
Regional Commission as a federal-state partnership intended to
address the economic development needs of distressed portions
of the seven state region in the southeastern United States not
already served by a regional development agency. The Committee
strongly encourages the Administration to promptly appoint a
Federal Co-Chair for the Commission.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas.
Southwest Border Regional Commission
Appropriation, 2020................................... $- - -
Budget estimate, 2021................................. - - -
Recommended, 2021..................................... 250,000
Comparison:
Appropriation, 2020............................... +250,000
Budget estimate, 2021............................. +250,000
The Food, Conservation, and Energy Act of 2008 (Public Law
110-234) authorized the establishment of the Southwest Border
Regional Commission (SWBRC) as a federal-state partnership
intended to address the economic development needs of
distressed portions of the four-state region of Arizona,
California, New Mexico and Texas.
The Committee strongly encourages the Administration to
promptly appoint a Federal Co-Chair in order to establish key
partnerships with local communities, and to consider
opportunities to establish a regional presence in or near major
inland ports of entry.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2020................................... $842,236,000
Budget estimate, 2021................................. 849,900,000
Recommended, 2021..................................... 849,900,000
Comparison:
Appropriation, 2020............................... +7,664,000
Budget estimate, 2021............................. - - -
REVENUES
Appropriation, 2020................................... -$717,125,000
Budget estimate, 2021................................. -729,293,000
Recommended, 2021..................................... -729,293,000
Comparison:
Appropriation, 2020............................... -12,168,000
Budget estimate, 2021............................. - - -
NET APPROPRIATION
Appropriation, 2020................................... $125,111,000
Budget estimate, 2021................................. 120,607,000
Recommended, 2021..................................... 120,607,000
Comparison:
Appropriation, 2020............................... -4,504,000
Budget estimate, 2021............................. - - -
The Committee recommendation for the Nuclear Regulatory
Commission (NRC) provides the following amounts:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2020 enacted FY 2021 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety.............................. $447,574 $452,850 $452,850
Nuclear Materials and Waste Safety.................. 103,191 102,863 102,863
Decommissioning and Low-Level Waste................. 22,891 22,771 22,771
Integrated University Program....................... 16,000 0 16,000
Corporate Support................................... 292,580 271,416 271,416
-----------------------------------------------------------
Total, Program Level............................ 882,236 849,900 865,900
Savings and Carryover........................... -40,000 - - - -16,000
-----------------------------------------------------------
Total........................................... 842,236 849,900 849,900
----------------------------------------------------------------------------------------------------------------
The Commission is responsible for ensuring the safety and
security of the nation's commercial nuclear reactors and
overseeing certain nuclear materials and radioactive waste
activities. The Committee expects the Commission to hold the
nuclear industry to the highest safety standards in law and in
regulation.
Office of the Commission.--Within available funds, up to
$9,500,000 is included for salaries, travel, and other support
costs for the Office of the Commission. These salaries and
expenses shall include only salaries, benefits, and travel
costs and shall not include general and administrative and
infrastructure costs. The Committee directs that these funds
are to be jointly managed by the Commissioners, and the Act
requires that the use and expenditure of these salaries and
expenses shall only be by a majority vote of the Commission.
The NRC shall continue to include a breakout and explanation of
the Commission salaries and expenses in its annual budget
requests. If the Commission wishes to change the composition of
the funds requested for its salaries and expenses in future
years, it must do so in an annual budget request or through a
reprogramming.
Transformation Initiative.--The Committee directs the
Commission to continue to provide regular briefings to the
Committee on the status of the Transformation Initiative,
beginning not later than 90 days after enactment of this Act.
Reactor Oversight and Safety.--The Commission is directed
to continue to provide regular briefings to the Committee on
the Commission's current reactor oversight and safety program,
and on any proposed changes before they are implemented.
Mitigation of Beyond-Design-Basis Events Rule.--The fiscal
year 2020 Act directed the Commission to provide a briefing
detailing its plans to ensure that nuclear reactors are
adequately protected from the modern-day flooding and seismic
hazards facing nuclear power plants. The Committee is still
awaiting this briefing and directs the Commission to provide
this briefing not later than 60 days after enactment of this
Act.
International Activities.--International Activities, not
including the resources for import and export licensing, are
funded as fee-relief activities and are excluded from fee
recovery in accordance with the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439).
Integrated University Program.--The Committee
recommendation includes $16,000,000 to provide financial
support for the university education programs, as the
Commission continues to be reliant on a pipeline of highly
trained nuclear engineers and scientists and benefits
substantially from this university program. Of this amount,
$5,500,000 is to be used for grants to support research
projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
Budget Execution Plan.--The Commission shall provide a
specific budget execution plan to the Committee not later than
30 days after enactment of this Act. The plan shall include
details at the product line level within each of the control
points.
Rulemaking.--The Commission shall list all planned
rulemaking activities, including their priority, schedule, and
actions taken to adhere to the backfit rule, in the annual
budget request and the semi-annual report to Congress on
licensing and regulatory activities.
Re-Evaluation of Nuclear Medicine Event Reporting.--The
Committee is pleased the Commission is independently evaluating
extravasation medical event reporting and is engaging outside
stakeholders and the Organization of Agreement States.
Extravasations that exceed medical event reporting limits
provided in 10 C.F.R. Part 35 Subpart M can harm patients
through unintended radiation exposure, compromised imaging that
negatively affects care, additional interventional procedures,
and repeated imaging procedures. The Committee is concerned
that the recommendations from the NRC Advisory Committee on
Medical Use of Isotopes regarding the medical event reporting
of extravasations are not focused on patient safety. The
Committee encourages the Commission to keep patient safety at
the forefront and to complete its evaluation of the
inconsistent approach to medical event reporting expeditiously.
Consistent application of medical event reporting criteria will
reveal potential problems, both local or generic issues, with a
facility's medical use of radioactive material and ensure that
affected patients and their physicians will know about
extravasations that exceed reporting limits. The Committee
encourages the Commission to clarify when extravasations should
not be excluded from the medical event reporting criteria and
directs the Commission to provide a briefing on this topic not
later than 30 days after enactment of this Act.
The Committee encourages the Commission to ensure that
patient safety is at the forefront of its examination of
training and experience requirements for radiopharmaceuticals
and to work with the medical community to ensure that important
patient safeguards and the safety record of
radiopharmaceuticals are maintained.
In addition, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136) included $3,300,000
to prevent, prepare for, and respond to coronavirus.
Office of Inspector General
GROSS APPROPRIATION
Appropriation, 2020................................... $13,314,000
Budget estimate, 2021................................. 13,499,000
Recommended, 2021..................................... 13,499,000
Comparison:
Appropriation, 2020............................... +185,000
Budget estimate, 2021............................. - - -
REVENUES
Appropriation, 2020................................... -$10,929,000
Budget estimate, 2021................................. -11,106,000
Recommended, 2021..................................... -11,106,000
Comparison:
Appropriation, 2020............................... -177,000
Budget estimate, 2021............................. - - -
NET APPROPRIATION
Appropriation, 2020................................... $2,385,000
Budget estimate, 2021................................. 2,393,000
Recommended, 2021..................................... 2,393,000
Comparison:
Appropriation, 2020............................... +8,000
Budget estimate, 2021............................. - - -
The Committee includes $1,206,000 within this appropriation
for the Defense Nuclear Facilities Safety Board for Inspector
General services from the Nuclear Regulatory Commission
Inspector General.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
Appropriation, 2020................................... $3,600,000
Budget estimate, 2021................................. 5,600,000
Recommended, 2021..................................... 3,600,000
Comparison:
Appropriation, 2020............................... - - -
Budget estimate, 2021............................. -2,000,000
The Nuclear Waste Technical Review Board (NWTRB) was
established by the 1987 amendments to the Nuclear Waste Policy
Act of 1982 to provide independent technical oversight of the
Department of Energy's nuclear waste disposal program. The
Committee expects the NWTRB to continue its active engagement
with the Department and the Nuclear Regulatory Commission on
issues involving nuclear waste disposal. The Committee does not
include any funds for the legislative proposal in the budget
request.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The bill continues a provision requiring the Nuclear
Regulatory Commission to fully comply with Congressional
requests for information.
The bill continues a provision regarding the circumstances
in which the Nuclear Regulatory Commission may reprogram funds.
TITLE V--GENERAL PROVISIONS
The bill continues a provision that prohibits the use of
funds provided in this Act to, in any way, directly or
indirectly influence congressional action on any legislation or
appropriation matters pending before the Congress, other than
to communicate to Members of Congress as described in section
1913 of Title 18, United States Code.
The bill continues a provision consolidating the transfer
authorities into and out of accounts funded by this Act. No
additional transfer authority is implied or conveyed by this
provision. For the purposes of this provision, the term
``transfer'' shall mean the shifting of all or part of the
budget authority in one account to another.
The bill continues a provision prohibiting funds in
contravention of E.O. 12898 of February 11, 1994, regarding
environmental justice.
The bill includes a provision prohibiting funds in this Act
from being used to maintain or establish computer networks
unless such networks block the viewing, downloading, or
exchange of pornography.
TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
INVESTIGATIONS
The Committee recommendation provides an additional
$110,000,000 for the Investigations account.
CONSTRUCTION
The Committee recommendation provides an additional
$10,000,000,000 for the Construction account.
MISSISSIPPI RIVER AND TRIBUTARIES
The Committee recommendation provides an additional
$875,000,000 for the Mississippi River and Tributaries account.
OPERATION AND MAINTENANCE
The Committee recommendation provides an additional
$5,000,000,000 for the Operation and Maintenance account.
REGULATORY PROGRAM
The Committee recommendation provides an additional
$50,000,000 for the Regulatory Program account.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The Committee recommendation provides an additional
$500,000,000 for the Formerly Utilized Sites Remedial Action
Program account.
FLOOD CONTROL AND COASTAL EMERGENCIES
The Committee recommendation provides an additional
$415,000,000 for the Flood Control and Coastal Emergencies
account.
EXPENSES
The Committee recommendation provides an additional
$50,000,000 for the Expenses account.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommendation provides an additional
$3,000,000,000 for the Water and Related Resources account.
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy
The Committee recommendation provides an additional
$7,780,000,000 for the Energy Efficiency and Renewable Energy
account.
Electricity
The Committee recommendation provides an additional
$3,350,000,000 for the Electricity account.
Nuclear Energy
The Committee recommendation provides an additional
$1,250,000,000 for the Nuclear Energy account.
Fossil Energy Research and Development
The Committee recommendation provides an additional
$1,250,000,000 for the Fossil Energy Research and Development
account.
Non-Defense Environmental Cleanup
The Committee recommendation provides an additional
$200,000,000 for the Non-Defense Environmental Cleanup account.
Uranium Enrichment Decontamination and Decommissioning Fund
The Committee recommendation provides an additional
$240,000,000 for the Uranium Enrichment Decontamination and
Decommissioning Fund account.
Science
The Committee recommendation provides an additional
$6,250,000,000 for the Science account.
Advanced Research Projects Agency--Energy
The Committee recommendation provides an additional
$250,000,000 for the Advanced Research Projects Agency--Energy
account.
Indian Energy Policy and Programs
The Committee recommendation provides an additional
$150,000,000 for the Indian Energy Policy and Programs account.
Office of the Inspector General
The Committee recommendation provides an additional
$20,000,000 for the Office of the Inspector General account.
Defense Environmental Cleanup
The Committee recommendation provides an additional
$2,685,000,000 for the Defense Environmental Cleanup account.
Other Defense Activities
The Committee recommendation provides an additional
$50,000,000 for the Other Defense Activities account.
GENERAL PROVISIONS--ADDITIONAL INFRASTRUCTURE INVESTMENTS
The bill includes a provision regarding reporting
requirements.
The bill includes a provision regarding inter-agency
collaboration with respect to the Weatherization Assistance
Program.
The bill includes a provision regarding innovative
activities within the Weatherization Assistance Program.
The bill includes a provision regarding modifications to
the Weatherization Assistance Program.
The bill includes a provision regarding a study regarding
renewable energy and associated infrastructure.
The bill includes a provision regarding cost-share
requirements for the Delta Regional Authority, the Northern
Border Regional Commission, and the Denali Commission.
The bill includes a provision regarding the Balanced Budget
and Emergency Deficit Control Act of 1985.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill.
TITLE I--CORPS OF ENGINEERS--CIVIL
Under section 103, ``General Provisions, Corps of
Engineers--Civil'', $5,400,000 under the heading ``Operation
and Maintenance'' may be transferred to the Fish and Wildlife
Service to mitigate for fisheries lost due to Corps projects.
TITLE II--BUREAU OF RECLAMATION
Under ``Water and Related Resources'', $58,476,000 is
available for transfer to the Upper Colorado River Basin Fund
and $5,584,000 is available for transfer to the Lower Colorado
River Basin Development Fund. Such funds as may be necessary
may be advanced to the Colorado River Dam Fund. Additionally,
$25,882,000 is available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of
Public Law 114-322. The amounts of transfers may be increased
or decreased within the overall appropriation under the
heading.
Under ``California Bay-Delta Restoration'', such sums as
may be necessary to carry out authorized purposes may be
transferred to appropriate accounts of other participating
federal agencies.
TITLE III--DEPARTMENT OF ENERGY
Under ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Naval Reactors'', $91,000,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'' for the Advanced Test Reactor.
Under ``Defense Uranium Enrichment Decontamination and
Decommissioning'', $821,583,000 is deposited into the ``Defense
Environmental Cleanup'' account and transferred to the
``Uranium Decontamination and Decommissioning Fund''.
Under section 301, ``General Provisions--Department of
Energy,'' unexpended balances of prior appropriations provided
for activities in this Act may be available for appropriation
accounts for such activities established pursuant to this
title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Under section 306, ``General Provisions--Department of
Energy,'' $21,400,000 shall be transferred to ``Department of
Interior--Bureau of Reclamation--Colorado River Basin Fund''
for environmental stewardship and endangered species recovery
efforts.
TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS
Under ``Bureau of Reclamation--Water and Related
Resources,'' $100,000,000 shall be transferred to ``Department
of The Interior'' for programs, projects, and activities
authorized by the Central Utah Project Completion Act, of which
$1,300,000 shall be transferred to the ``Central Utah Project
Completion Account'' for use by the Utah Reclamation and
Mitigation and Conservation Commission for emergency
assistance.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
TITLE I--CORPS OF ENGINEERS
Language has been included under Corps of Engineers,
Investigations, providing for detailed studies and plans and
specifications of projects prior to construction.
Language has been included under Corps of Engineers,
Investigations, providing for a limited number of new starts.
Language has been included under Corps of Engineers,
Construction, stating that funds can be used for the
construction of river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related projects authorized by law, and for detailed studies
and plans and specifications of such projects.
Language has been included under Corps of Engineers,
Construction, permitting the use of funds from the Inland
Waterways Trust Fund and the Harbor Maintenance Trust Fund.
Language has been included under Corps of Engineers,
Mississippi River and Tributaries, permitting the use of funds
from the Harbor Maintenance Trust Fund.
Language has been included under the Corps of Engineers,
Operation and Maintenance, stating that funds can be used for:
the operation, maintenance, and care of existing river and
harbor, flood and storm damage reduction, aquatic ecosystem
restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories;
maintaining authorized harbor channels provided by a State,
municipality, or other public agency that serve essential
navigation needs of general commerce; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to
navigation.
Language has been included under Corps of Engineers,
Operation and Maintenance, permitting the use of funds from the
Harbor Maintenance Trust Fund; providing for the use of funds
from a special account for resource protection, research,
interpretation, and maintenance activities at outdoor
recreation areas; and allowing use of funds to cover the cost
of operation and maintenance of dredged material disposal
facilities for which fees have been collected.
Language has been included under Corps of Engineers,
Operation and Maintenance, providing that one percent of the
total amount of funds provided for each of the programs,
projects, or activities funded under the Operation and
Maintenance heading shall not be allocated to a field operating
activity until the fourth quarter of the fiscal year and
permitting the use of these funds for emergency activities as
determined by the Chief of Engineers to be necessary and
appropriate.
Language has been included under Corps of Engineers,
Expenses, regarding support of the Humphreys Engineer Support
Center Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the
United States Army Corps of Engineers Finance Center.
Language has been included under Corps of Engineers,
Expenses, providing that funds are available for official
reception and representation expenses.
Language has been included under Corps of Engineers,
Expenses, prohibiting the use of other funds in Title I of this
Act for the activities funded in Expenses.
Language has been included under Corps of Engineers,
Expenses, permitting any Flood Control and Coastal Emergency
appropriation to be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane or other natural
disaster.
Language has been included to provide for funding for the
Office of the Assistant Secretary of the Army for Civil Works.
Language has been included under Corps of Engineers,
General Provisions, section 101, providing that none of the
funds may be available for obligation or expenditure through a
reprogramming of funds except in certain circumstances.
Language has been included under Corps of Engineers,
General Provisions, section 102, prohibiting the execution of
any contract for a program, project or activity which commits
funds in excess of the amount appropriated (to include funds
reprogrammed under section 101) that remain unobligated.
Language has been included under Corps of Engineers,
General Provisions, section 103, providing for transfer
authority to the Fish and Wildlife Service for mitigation for
lost fisheries.
Language has been included under Corps of Engineers,
General Provisions, section 104, prohibiting certain dredged
material disposal activities.
Language has been included under Corps of Engineers,
General Provisions, section 105, prohibiting certain activities
at a Corps of Engineers project.
Language has been included under Corps of Engineers,
General Provisions, section 106, prohibiting funds for
reorganization of the Civil Works program.
Language has been included under Corps of Engineers,
General Provisions, section 107, regarding the allocation of
additional funding.
Language has been included under Corps of Engineers,
General Provisions, section 108, prohibiting funds for certain
construction activities.
Language has been included under Corps of Engineers,
General Provisions, section 109, prohibiting funds for the
issuance of certain permits.
Language has been included under Corps of Engineers,
General Provisions, section 110, regarding new construction
starts.
TITLE II--DEPARTMENT OF THE INTERIOR
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing that funds are available
for fulfilling federal responsibilities to Native Americans and
for grants to and cooperative agreements with State and local
governments and Indian tribes.
Language has been included under Bureau of Reclamation,
Water and Related Resources, allowing fund transfers within the
overall appropriation to the Upper Colorado River Basin Fund
and the Lower Colorado River Basin Development Fund; providing
that such sums as necessary may be advanced to the Colorado
River Dam Fund; allowing fund transfers to the Blackfeet Water
Settlement Implementation Fund; and, transfers may be increased
or decreased within the overall appropriation.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing for funds to be derived
from the Reclamation Fund or the special fee account
established by 16 U.S.C. 6806; that funds contributed under 43
U.S.C. 395 by non-federal entities shall be available for
expenditure; and that funds advanced under 43 U.S.C. 397a are
to be credited to the Water and Related Resources account and
available for expenditure.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing that funds may be used
for high priority projects carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing for funding of projects
pursuant to 4007 of Public Law 114-322 with certain conditions.
Language has been included under Bureau of Reclamation,
Central Valley Project Restoration Fund, directing the Bureau
of Reclamation to assess and collect the full amount of
additional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102-575.
Language has been included under Bureau of Reclamation,
Central Valley Project Restoration Fund, providing that none of
the funds under the heading may be used for the acquisition or
lease of water for in-stream purposes if the water is already
committed to in-stream purposes by a court order adopted by
consent or decree.
Language has been included under Bureau of Reclamation,
California Bay-Delta Restoration, permitting the transfer of
funds to appropriate accounts of other participating federal
agencies to carry out authorized programs; allowing funds made
available under this heading to be used for the federal share
of the costs of the CALFED Program management; and requiring
that CALFED implementation be carried out with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the program.
Language has been included under Bureau of Reclamation,
Policy and Administration, providing that funds are to be
derived from the Reclamation Fund and prohibiting the use of
any other appropriation in the Act for activities budgeted as
policy and administration expenses.
Language has been included under Bureau of Reclamation,
Administrative Provision, providing for the purchase of motor
vehicles for replacement.
Language has been included under General Provisions,
Department of the Interior, section 201, providing that none of
the funds may be available for obligation or expenditure
through a reprogramming of funds except in certain
circumstances.
Language has been included under General Provisions,
Department of the Interior, section 202, regarding the San Luis
Unit and the Kesterson Reservoir in California.
Language has been included under General Provisions,
Department of the Interior, section 203, regarding the Omnibus
Public Land Management Act of 2009.
Language has been included under General Provisions,
Department of the Interior, section 204, regarding the CALFED
Bay-Delta Authorization Act.
Language has been included under General Provisions,
Department of the Interior, section 205, regarding the Omnibus
Public Land Management Act of 2009.
Language has been included under General Provisions,
Department of the Interior, section 206, regarding the Omnibus
Public Land Management Act of 2009.
Language has been included under General Provisions,
Department of the Interior, section 207, regarding the
Reclamation States Emergency Drought Relief Act of 1991.
Language has been included under General Provisions,
Department of the Interior, section 208, regarding the Claims
Resolution Settlement Act.
Language has been included under General Provisions,
Department of the Interior, section 209, prohibiting funds for
certain activities.
Language has been included under General Provisions,
Department of the Interior, section 210, regarding the Omnibus
Public Land Management Act of 2009.
TITLE III--DEPARTMENT OF ENERGY
Language has been included under Energy Efficiency and
Renewable Energy for the purchase, construction, and
acquisition of plant and capital equipment.
Language has been included under Cybersecurity, Energy
Security, and Emergency Response for the purchase,
construction, and acquisition of plant and capital equipment.
Language has been included under Electricity for the
purchase, construction, and acquisition of plant and capital
equipment.
Language has been included under Nuclear Energy for the
purchase, construction, and acquisition of plant and capital
equipment.
Language has been included under Fossil Energy Research and
Development for the acquisition of interest, including
defeasible and equitable interest in any real property or any
facility or for plant or facility acquisition or expansion, and
for conducting inquires, technological investigations, and
research concerning the extraction, processing, use and
disposal of mineral substances without objectionable social and
environmental costs under 30 U.S.C. 3, 1602 and 1603.
Language has been included under the Naval Petroleum and
Oil Shale Reserves, permitting the use of unobligated balances.
Language has been included under Non-Defense Environmental
Cleanup for the purchase, construction, and acquisition of
plant and capital equipment and to allow collections to be
expended for mercury storage costs.
Language has been included under Science providing for the
purchase, construction, and acquisition of plant and capital
equipment; and for the purchase of motor vehicles.
Language has been included under Title 17 Innovative
Technology Loan Guarantee Program crediting fees collected
pursuant to section 1702(h) of the Energy Policy Act of 2005 as
offsetting collections to this account and making fees
collected under section 1702(h) in excess of the appropriated
amount unavailable for expenditure until appropriated.
Language has been included under Title 17 Innovative
Technology Loan Guarantee Program prohibiting the subordination
of certain interests.
Language has been included under Departmental
Administration providing for the hire of passenger vehicles and
for official reception and representation expenses.
Language has been included under Departmental
Administration providing, notwithstanding the provisions of the
Anti-Deficiency Act, such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others, as long as such increases are offset by revenue
increases of the same or greater amounts.
Language has been included under Departmental
Administration, notwithstanding 31 U.S.C. 3302, and consistent
with the authorization in Public Law 95-238, to permit the
Department of Energy to use revenues to offset appropriations.
The appropriations language for this account reflects the total
estimated program funding to be reduced as revenues are
received.
Language has been included under Weapons Activities for the
purchase, construction, and acquisition of plant and capital
equipment; and for the purchase of not to exceed one aircraft,
one ambulance, and two passenger buses for replacement only.
Language has been included under Defense Nuclear
Nonproliferation for the purchase, construction, and
acquisition of plant and capital equipment.
Language has been included under Naval Reactors for the
acquisition of real property, plant, and capital equipment,
facilities, and facility expansion.
Language has been included under Naval Reactors
transferring certain funds to Nuclear Energy.
Language has been included under Federal Salaries and
Expenses providing funding for official reception and
representation expenses.
Language has been included under Defense Environmental
Cleanup for the purchase, construction, and acquisition of
plant and capital equipment, and one motor vehicle.
Language has been included under Defense Uranium Enrichment
Decontamination and Decommissioning transferring funds to the
Uranium Enrichment Decontamination and Decommissioning Fund.
Language has been included under Other Defense Activities
for the purchase, construction, and acquisition of plant and
capital equipment.
Language has been included under Bonneville Power
Administration Fund providing funding for official reception
and representation expenses and precluding any new direct loan
obligations.
Language has been included under Southeastern Power
Administration providing funds for official reception and
representation expenses.
Language has been included under Southeastern Power
Administration providing that, notwithstanding 31 U.S.C. 3302
and 16 U.S.C. 825s, amounts collected from the sale of power
and related services shall be credited to the account as
discretionary offsetting collections and remain available until
expended for the sole purpose of funding the annual expenses of
the Southeastern Power Administration; amounts collected to
recover purchase power and wheeling expenses shall be credited
to the account as offsetting collections and remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Language has been included under Southwestern Power
Administration providing funds for official reception and
representation expenses.
Language has been included under Southwestern Power
Administration providing that, notwithstanding 31 U.S.C. 3302
and 16 U.S.C. 825s, amounts collected from the sale of power
and related services shall be credited to the account as
discretionary offsetting collections and remain available until
expended for the sole purpose of funding the annual expenses of
the Southwestern Power Administration; amounts collected to
recover purchase power and wheeling expenses shall be credited
to the account as offsetting collections and remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Language has been included under Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration, providing funds for official reception and
representation expenses.
Language has been included under Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration providing that, notwithstanding 31 U.S.C. 3302,
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the
sale of power and related services shall be credited to the
account as discretionary offsetting collections and remain
available until expended for the sole purpose of funding the
annual expenses of the Western Area Power Administration;
amounts collected to recover purchase power and wheeling
expenses shall be credited to the account as offsetting
collections and remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
Language has been included under Falcon and Amistad
Operating and Maintenance Fund providing that, notwithstanding
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the
sale of power and related services shall be credited to the
account as discretionary offsetting collections and remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of those dams
and associated Western Area Power Administration activities.
Language has been included under Falcon and Amistad
Operating and Maintenance Fund providing that the Western Area
Power Administration may accept a limited amount of
contributions from the United States power customers of the
Falcon and Amistad Dams for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for operating and maintenance of hydroelectric
facilities.
Language has been included under Federal Energy Regulatory
Commission to permit the hire of passenger motor vehicles, to
provide official reception and representation expenses, and to
permit the use of revenues collected to reduce the
appropriation as revenues are received.
Language has been included under Department of Energy,
General Provisions, section 301, prohibiting the use of funds
to prepare or initiate requests for proposals or other
solicitations or arrangements for programs that have not yet
been fully funded by the Congress; requiring notification and
reporting requirements for certain funding awards; limiting the
use of multi-year funding mechanisms; providing that none of
the funds may be available for obligation or expenditure
through a reprogramming of funds except in certain
circumstances; and providing that unexpended balances of prior
appropriations may be transferred and merged with new
appropriation accounts established in this Act.
Language has been included under Department of Energy,
General Provisions, section 302, providing that funds for
intelligence activities are deemed to be specifically
authorized for purposes of section 504 of the National Security
Act of 1947 during fiscal year 2019 until enactment of the
Intelligence Authorization Act for fiscal year 2019.
Language has been included under Department of Energy,
General Provisions, section 303, prohibiting the use of funds
for capital construction of high hazard nuclear facilities
unless certain independent oversight is conducted.
Language has been included under Department of Energy,
General Provisions, section 304, prohibiting the use of funds
to approve critical decision-2 or critical decision-3 for
certain construction projects, unless a separate independent
cost estimate has been developed for that critical decision.
Language has been included under Department of Energy,
General Provisions, section 305, authorizing the Secretary of
Energy to draw down and sell refined petroleum product from the
Strategic Petroleum Reserve under certain circumstances.
Language has been included under Department of Energy,
General Provisions, section 306, to allow the Western Area
Power Administration to transfer $21,400,000 to the Department
of Interior, Bureau of Reclamation's Upper Colorado River Basin
Fund and to prohibit certain payments.
Language has been included under Department of Energy,
General Provisions, section 307, to prohibit funding for
certain activities unless notification requirements are met.
Language has been included under Department of Energy,
General Provisions, section 308, to prohibit funding for
certain activities.
Language has been included under Department of Energy,
General Provisions, section 309, to prohibit funding for
certain activities.
TITLE IV--INDEPENDENT AGENCIES
Language has been included under Appalachian Regional
Commission providing for the hire of passenger vehicles and
services authorized by section 3109 of title 5, United States
Code.
Language has been included under Delta Regional Authority
allowing the expenditure of funds as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act.
Language has been included under Denali Commission allowing
the expenditure of funds notwithstanding section 306(g) of the
Denali Commission Act of 1998, and providing for cost-share
requirements for Commission-funded construction projects in
distressed and non-distressed communities, as defined by
section 307 of the Denali Commission Act of 1998, as amended.
Language has been included under Denali Commission allowing
funding to be available for payment of a non-federal share for
certain programs.
Language has been included under Northern Border Regional
Commission allowing the expenditure of funds, notwithstanding
section 15751(b) of title 40, United States Code.
Language has been included under Southeast Crescent
Regional Commission allowing the expenditure of funds as
authorized by subtitle V of title 40, United States Code.
Language has been included under Southwest Border Regional
Commission allowing the expenditure of funds as authorized by
subtitle V of title 40, United States Code.
Language has been included under Nuclear Regulatory
Commission (NRC), Salaries and Expenses, that provides for
salaries and other support costs for the Office of the
Commission, to be controlled by majority vote of the
Commission.
Language has been included under Nuclear Regulatory
Commission, Salaries and Expenses that provides for official
representation expenses and permits the use of revenues from
licensing fees, inspections services, and other services for
salaries and expenses to reduce the appropriation as revenues
are received. Funding is provided to support university
research and development, and for a Nuclear Science and
Engineering Grant Program.
Language has been included under the NRC providing funds
that are and are not derived from fee revenues.
Language has been included under Office of Inspector
General that provides for the use of revenues from licensing
fees, inspections services, and other services for salaries and
expenses, notwithstanding section 3302 of title 31, United
States Code, to reduce the appropriation as revenues are
received.
Language has been included under Independent Agencies,
General Provisions, section 401, requiring the NRC to comply
with certain procedures when responding to Congressional
requests for information.
Language has been included under Independent Agencies,
General Provision, section 402, providing that none of the
funds for the NRC may be available for obligation or
expenditure through a reprogramming of funds except in certain
circumstances.
TITLE V--GENERAL PROVISIONS
Language has been included under General Provisions,
section 501, prohibiting the use of funds in this Act to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Language has been included under General Provisions,
section 502, prohibiting the transfer of funds except pursuant
to a transfer made by, or transfer authority provided in this
or any other appropriations Act, or certain other authorities,
and requiring a report.
Language has been included under General Provisions,
section 503, prohibiting funds in contravention of Executive
Order No. 12898 of February 11, 1994, regarding environmental
justice.
Language has been included under General Provisions,
section 504, prohibiting funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS
Language has been included under Corps of Engineers,
Investigations, regarding new starts.
Language has been included under Corps of Engineers,
Construction, providing that certain sections of law shall not
apply to funds provided in this paragraph.
Language has been included under Corps of Engineers,
Construction, regarding new starts.
Language has been included under Corps of Engineers,
Construction, regarding the Continuing Authorities Program.
Language has been included under Corps of Engineers,
Mississippi River and Tributaries, regarding new starts.
Language has been included under Corps of Engineers,
Mississippi River and Tributaries, providing that section 902
of Public Law 99-662 shall not apply to funds provided in this
paragraph.
Language has been included under Corps of Engineers,
Mississippi River and Tributaries, prohibiting the use of funds
provided in this paragraph for certain purposes
Language has been included under Corps of Engineers,
Operation and Maintenance, providing that section 9006 of
Public Law 110-114 shall not apply to funds provided in this
paragraph.
Language has been included under Corps of Engineers, Flood
Control and Coastal Emergencies, regarding certain authorized
projects.
Language has been included under Bureau of Reclamation,
Water and Related Resources, prohibiting the use of funds in
this paragraph for certain purposes.
Language has been included under Department of Energy,
Energy Efficiency and Renewable Energy to fund an innovation
initiative.
Language has been included under Department of Energy,
Energy Efficiency and Renewable Energy to provide for
apprenticeship pathways.
Language has been included under Department of Energy,
Energy Efficiency and Renewable Energy, prohibiting the use of
funds in this paragraph for certain purposes.
Language has been included under Department of Energy,
Energy Efficiency and Renewable Energy to allow for expedited
hiring and staffing.
Language has been included under Department of Energy,
Electricity to ensure regional diversity among eligible
entities that receive funds.
Language has been included under Department of Energy,
Electricity to waive the cost-share requirements for certain
entities.
Language has been included under Department of Energy,
Electricity to allow for expedited hiring and staffing.
Language has been included under Department of Energy,
Nuclear Energy to require certain requirements for Advanced
Small Modular Reactor demonstrations.
Language has been included under Department of Energy,
Office of Indian Energy Policy and Programs to waive the cost-
share requirements.
Language has been included under Department of Energy,
Other Defense Activities providing that funds for intelligence
activities are deemed to be specifically authorized for
purposes of section 504 of the National Security Act of 1947.
Language has been included under General Provisions,
section 601, to require monthly reports on the allocation,
obligation, and expenditures of funds.
Language has been included under General Provisions,
section 602, to develop an interagency collaboration effort.
Language has been included under General Provisions,
section 603, to establish an innovation fund for
weatherization.
Language has been included under General Provisions,
section 604, to make technical changes to the weatherization
program.
Language has been included under General Provisions,
section 605, regarding a determination related to renewable
energy and associated infrastructure.
Language has been included under General Provisions,
section 606, waiving requirements relating to non-Federal cost-
share grants and cooperative agreements for the Delta Regional
Authority, the Northern Border Regional Commission, and the
Denali Commission.
Language has been included under General Provisions,
section 607, regarding the Balanced Budget and Emergency
Deficit Control Act of 1985.
Program Duplication
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, no provision of this bill establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE VI--DEPARTMENT OF INTERIOR AUTHORIZATIONS
* * * * * * *
Subtitle A--Cooperative Watershed Management Program
* * * * * * *
SEC. 6002. PROGRAM.
(a) Establishment.--Not later than 180 days after March 30,
2009, the Secretary shall establish a program, to be known as
the ``Cooperative Watershed Management Program'', under which
the Secretary shall provide grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with
the goals of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--
Not later than 1 year after March 30, 2009, the
Secretary shall establish--
(A) an application process for the program;
and
(B) in consultation with the States,
prioritization and eligibility criteria for
considering applications submitted in
accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under
this section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups
that--
(i) represent maximum diversity of
interests; or
(ii) serve subbasin-sized watersheds
with an 8-digit hydrologic unit code,
as defined by the United States
Geological Survey.
(2) Funding procedure.--In distributing grant funds
under this section, the Secretary--
(A) First phase.--
(i) In general.--The Secretary may
provide to a grant recipient a first-
phase grant in an amount not greater
than $100,000 each year for a period of
not more than 3 years.
(ii) Mandatory use of funds.--The
Secretary may provide to a grant
recipient a first-phase grant in an
amount not greater than $100,000 each
year for a period of not more than 3
years.
(I) to establish or enlarge a
watershed group;
(II) to develop a mission
statement for the watershed
group;
(III) to develop project
concepts; and
(IV) to develop a restoration
plan.
(iii) Annual determination of
eligibility.--
(I) Determination.--For each
year of a first-phase grant,
not later than 270 days after
the date on which a grant
recipient first receives grant
funds for the year, the
Secretary shall determine
whether the grant recipient has
made sufficient progress during
the year to justify additional
funding.
(II) Effect of
determination.--If the
Secretary determines under
subclause (I) that the progress
of a grant recipient during the
year covered by the
determination justifies
additional funding, the
Secretary shall provide to the
grant recipient grant funds for
the following year.
(iv) Advancement of conditions.--A
grant recipient shall not be eligible
to receive a second-phase grant under
subparagraph (B) until the date on
which the Secretary determines that the
watershed group--
(I) has approved articles of
incorporation and bylaws
governing the organization; and
(II)(aa) holds regular
meetings;
(bb) has completed a mission
statement; and
(cc) has developed a
restoration plan and project
concepts for the watershed.
(v) Exception.--A watershed group
that has not applied for or received
first-phase grants may apply for and
receive second-phase grants under
subparagraph (B) if the Secretary
determines that the group has satisfied
the requirements of first-phase grants.
(B) Second phase.--
(i) In general.--A watershed group
may apply for and receive second-phase
grants of $1,000,000 each year for a
period of not more than 4 years if--
(I) the watershed group has
applied for and received
watershed grants under
subparagraph (A); or
(II) the Secretary determines
that the watershed group has
satisfied the requirements of
first-phase grants.
(ii) Mandatory use of funds.--A grant
recipient that receives a second-phase
grant shall use the funds to plan and
carry out watershed management
projects.
(iii) Annual determination of
eligibility.--
(I) Determination.--For each
year of the second-phase grant,
not later than 270 days after
the date on which a grant
recipient first receives grant
funds for the year, the
Secretary shall determine
whether the grant recipient has
made sufficient progress during
the year to justify additional
funding.
(II) Effect of
determination.--If the
Secretary determines under
subclause (I) that the progress
of a grant recipient during the
year justifies additional
funding, the Secretary shall
provide to the grant recipient
grant funds for the following
year.
(iv) Advancement condition.--A grant
recipient shall not be eligible to
receive a third-phase grant under
subparagraph (C) until the date on
which the Secretary determines that the
grant recipient has-
(I) completed each
requirement of the second-phase
grant; and
(II) demonstrated that 1 or
more pilot projects of the
grant recipient have resulted
in demonstrable improvements,
as determined by the Secretary,
in the functioning condition of
at least 1 river or stream in
the watershed.
(C) Third phase.--
(i) Funding limitation.--
(I) In general.--Except as
provided in subclause (II), the
Secretary may provide to a
grant recipient a third-phase
grant in an amount not greater
than $5,000,000 for a period of
not more than 5 years.
(II) Exception.--The
Secretary may provide to a
grant recipient a third-phase
grant in an amount that is
greater than the amount
described in subclause (I) if
the Secretary determines that
the grant recipient is capable
of using the additional amount
to further the purposes of the
program in a way that could not
otherwise be achieved by the
grant recipient using the
amount described in subclause
(I).
(ii) Mandatory use of funds.--A grant
recipient that receives a third-phase
grant shall use the funds to plan and
carry out at least 1 watershed
management project.
(3) Authorizing use of funds for administrative and
other costs.--A grant recipient that receives a grant
under this section may use the funds--
(A) to pay for--
(i) administrative and coordination
costs, if the costs are not greater
than the lesser of--
(I) 20 percent of the total
amount of the grant; or
(II) $100,000;
(ii) the salary of not more than 1
full-time employee of the watershed
group; and
(iii) any legal fees arising from the
establishment of the relevant watershed
group; and
(B) to fund--
(i) water quality and quantity
studies of the relevant watershed; and
(ii) the planning, design, and
implementation of any projects relating
to water quality or quantity.
(d) Cost Share.--
(1) Planning.--The Federal share of the cost of an
activity provided assistance through a first-phase
grant shall be 100 percent.
(2) Projects carried out under second phase.--
(A) In general.--The Federal share of the
cost of any activity of a watershed management
project provided assistance through a second-
phase grant shall not exceed 50 percent of the
total cost of the activity.
(B) Form of non-federal share.--The non-
Federal share under subparagraph (A) may be in
the form of in-kind contributions.
(e) Annual Reports.--
(1) In general.--Not later than 1 year after the date
on which a grant recipient first receives funds under
this section, and annually thereafter, in accordance
with paragraph (2), the watershed group shall submit to
the Secretary a report that describes the progress of
the watershed group.
(2) Required degree of detail.--The contents of an
annual report required under paragraph (1) shall
contain sufficient information to enable the Secretary
to complete each report required under subsection (f),
as determined by the Secretary.
(f) Report.--Not later than 5 years after March 30, 2009, and
every 5 years thereafter, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a report that describes--
(1) the ways in which the program assists the
Secretary--
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of
a river or stream; and
(2) benefits that the program provides, including, to
the maximum extent practicable, a quantitative analysis
of economic, social, and environmental benefits.
(g) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $2,000,000 for each of fiscal years 2008 and
2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through
[2020] 2021.
* * * * * * *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
* * * * * * *
Subtitle B--Project Authorizations
* * * * * * *
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) drought, population increases, and
environmental needs are exacerbating water
supply issues across the western United States,
including the Rio Grande Basin in New Mexico;
(B) a report developed by the Bureau of
Reclamation and the Bureau of Indian Affairs in
2000 identified a serious need for the
rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos;
(C) inspection of existing irrigation
infrastructure of the Rio Grande Pueblos shows
that many key facilities, such as diversion
structures and main conveyance ditches, are
unsafe and barely, if at all, operable;
(D) the benefits of rehabilitating and
repairing irrigation infrastructure of the Rio
Grande Pueblos include--
(i) water conservation;
(ii) extending available water
supplies;
(iii) increased agricultural
productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture
of Indian Pueblos in the State;
(E) certain Indian Pueblos in the Rio Grande
Basin receive water from facilities operated or
owned by the Bureau of Reclamation; and
(F) rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos would
improve--
(i) overall water management by the
Bureau of Reclamation; and
(ii) the ability of the Bureau of
Reclamation to help address potential
water supply conflicts in the Rio
Grande Basin.
(2) Purpose.--The purpose of this section is to
direct the Secretary--
(A) to assess the condition of the irrigation
infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the
rehabilitation of irrigation infrastructure of
the Rio Grande Pueblos in accordance with
specified criteria; and
(C) to implement projects to rehabilitate and
improve the irrigation infrastructure of the
Rio Grande Pueblos.
(b) Definitions.--In this section:
(1) 2004 AGREEMENT.--The term ``2004 Agreement''
means the agreement entitled ``Agreement By and Between
the United States of America and the Middle Rio Grande
Conservancy District, Providing for the Payment of
Operation and Maintenance Charges on Newly Reclaimed
Pueblo Indian Lands in the Middle Rio Grande Valley,
New Mexico'' and executed in September 2004 (including
any successor agreements and amendments to the
agreement).
(2) Designated engineer.--The term ``designated
engineer'' means a Federal employee designated under
the Act of February 14, 1927 (69 Stat. 1098, chapter
138) to represent the United States in any action
involving the maintenance, rehabilitation, or
preservation of the condition of any irrigation
structure or facility on land located in the Six Middle
Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle
Rio Grande Conservancy District, a political
subdivision of the State established in 1925.
(4) Pueblo irrigation infrastructure.--The term
``Pueblo irrigation infrastructure'' means any
diversion structure, conveyance facility, or drainage
facility that is--
(A) in existence as of the date of enactment
of this Act; and
(B) located on land of a Rio Grande Pueblo
that is associated with--
(i) the delivery of water for the
irrigation of agricultural land; or
(ii) the delivery of water for the
irrigation of agricultural land; or
(5) Rio grande basin.--The term ``Rio Grande Basin''
means the headwaters of the Rio Chama and the Rio
Grande Rivers (including any tributaries) from the
State line between Colorado and New Mexico downstream
to the elevation corresponding with the spillway crest
of Elephant Butte Dam at 4,457.3 feet mean sea level.
(6) Rio grande pueblo.--The term ``Rio Grande
Pueblo'' means any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally
recognized Indian tribes published by the
Secretary in accordance with section 104 of the
Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six
Middle Rio Grande Pueblos'' means each of the Pueblos
of Cochiti, Santo Domingo, San Felipe, Santa Ana,
Sandia, and Isleta.
(9) Special project.--The term ``special project''
has the meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of
New Mexico.
(c) Irrigation Infrastructure Study.--
(1) Study.--
(A) In general.--On the date of enactment of
this Act, the Secretary, in accordance with
subparagraph (B), and in consultation with the
Rio Grande Pueblos, shall--
(i) conduct a study of Pueblo
irrigation infrastructure; and
(ii) based on the results of the
study, develop a list of projects
(including a cost estimate for each
project), that are recommended to be
implemented over a 10-year period to
repair, rehabilitate, or reconstruct
Pueblo irrigation infrastructure.
(B) Required consent.--In carrying out
subparagraph (A), the Secretary shall only
include each individual Rio Grande Pueblo that
notifies the Secretary that the Pueblo consents
to participate in--
(i) the conduct of the study under
subparagraph (A)(i); and
(ii) the development of the list of
projects under subparagraph (A)(ii)
with respect to the Pueblo.
(2) Priority.--
(A) Consideration of factors.--
(i) In general.--In developing the
list of projects under paragraph
(1)(A)(ii), the Secretary shall--
(I) consider each of the
factors described in
subparagraph (B); and
(II) prioritize the projects
recommended for implementation
based on--
(aa) a review of each
of the factors; and
(bb) a consideration
of the projected
benefits of the project
on completion of the
project.
(ii) Eligibility of projects.--A
project is eligible to be considered
and prioritized by the Secretary if the
project addresses at least 1 factor
described in subparagraph (B).
(B) Factors.-- The factors referred to in
subparagraph (A) are--
(i)(I) the extent of disrepair of the
Pueblo irrigation infrastructure; and
(II) the effect of the disrepair on
the ability of the applicable Rio
Grande Pueblo to irrigate agricultural
land using Pueblo irrigation
infrastructure;
(ii) whether, and the extent that,
the repair, rehabilitation, or
reconstruction of the Pueblo irrigation
infrastructure would provide an
opportunity to conserve water;
(iii)(I) the economic and cultural
impacts that the Pueblo irrigation
infrastructure that is in disrepair has
on the applicable Rio Grande Pueblo;
and
(II) the economic and cultural
benefits that the repair,
rehabilitation, or reconstruction of
the Pueblo irrigation infrastructure
would have on the applicable Rio Grande
Pueblo;
(iv) the opportunity to address water
supply or environmental conflicts in
the applicable river basin if the
Pueblo irrigation infrastructure is
repaired, rehabilitated, or
reconstructed; and
(v) the overall benefits of the
project to efficient water operations
on the land of the applicable Rio
Grande Pueblo.
(3) Consultation.--In developing the list of projects
under paragraph (1)(A)(ii), the Secretary shall consult
with the Director of the Bureau of Indian Affairs
(including the designated engineer with respect to each
proposed project that affects the Six Middle Rio Grande
Pueblos), the Chief of the Natural Resources
Conservation Service, and the Chief of Engineers to
evaluate the extent to which programs under the
jurisdiction of the respective agencies may be used--
(A) to assist in evaluating projects to
repair, rehabilitate, or reconstruct Pueblo
irrigation infrastructure; and
(B) to implement--
(i) a project recommended for
implementation under paragraph
(1)(A)(ii); or
(ii) any other related project
(including on-farm improvements) that
may be appropriately coordinated with
the repair, rehabilitation, or
reconstruction of Pueblo irrigation
infrastructure to improve the efficient
use of water in the Rio Grande Basin.
(4) Report.-- Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives a report that includes--
(A) the list of projects recommended for
implementation under paragraph (1)(A)(ii); and
(B) The factors referred to in subparagraph
(A) are--any findings of the Secretary with
respect to--
(i) the study conducted under
paragraph (1)(A)(i);
(ii) the consideration of the factors
under paragraph (2)(B); and
(iii) the consultations under
paragraph (3).
(5) Periodic review.--Not later than 4 years after
the date on which the Secretary submits the report
under paragraph (4) and every 4 years thereafter, the
Secretary, in consultation with each Rio Grande Pueblo,
shall--
(A) review the report submitted under
paragraph (4); and
(B) update the list of projects described in
paragraph (4)(A) in accordance with each factor
described in paragraph (2)(B), as the Secretary
determines to be appropriate.
(d) Irrigation Infrastructure Grants.--
(1) In general.--The Secretary may provide grants
to, and enter into contracts or other agreements with,
the Rio Grande Pueblos to plan, design, construct, or
otherwise implement projects to repair, rehabilitate,
reconstruct, or replace Pueblo irrigation
infrastructure that are recommended for implementation
under subsection (c)(1)(A)(ii)--
(A) to increase water use efficiency and
agricultural productivity for the benefit of a
Rio Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or
help avert water supply conflicts in the Rio
Grande Basin.
(2) Limitation.--Assistance provided under paragraph
(1) shall not be used for--
(A) the repair, rehabilitation, or
reconstruction of any major impoundment
structure; or
(B) any on-farm improvements.
(3) Consultation.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) consult with, and obtain the approval of,
the applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau
of Indian Affairs; and
(C) as appropriate, coordinate the project
with any work being conducted under the
irrigation operations and maintenance program
of the Bureau of Indian Affairs.
(4) Cost-sharing requirement.--
(A) Federal share.--the list of projects
recommended for implementation under paragraph
(1)(A)(ii); and
(i) In general.--Except as provided
in clause (ii), the Federal share of
the total cost of carrying out a
project under paragraph (1) shall be
not more than 75 percent.
(ii) Exception.-- The Secretary may
waive or limit the non-Federal share
required under clause (i) if the
Secretary determines, based on a
demonstration of financial hardship by
the Rio Grande Pueblo, that the Rio
Grande Pueblo is unable to contribute
the required non-Federal share.
(B) District contributions.--
(i) In general.--The Secretary may
accept from the District a partial or
total contribution toward the non-
Federal share required for a project
carried out under paragraph (1) on land
located in any of the Six Middle Rio
Grande Pueblos if the Secretary
determines that the project is a
special project.
(ii) Limitation.--Nothing in clause
(i) requires the District to contribute
to the non-Federal share of the cost of
a project carried out under paragraph
(1).
(C) State contributions.--
(i) In general.--The Secretary may
accept from the State a partial or
total contribution toward the non-
Federal share for a project carried out
under paragraph (1).
(ii) Limitation.--Nothing in clause
(i) requires the State to contribute to
the non-Federal share of the cost of a
project carried out under paragraph
(1).
(D) Form of non-federal share.--The non-
Federal share under subparagraph (A)(i) may be
in the form of in-kind contributions, including
the contribution of any valuable asset or
service that the Secretary determines would
substantially contribute to a project carried
out under paragraph (1).
(5) Operation and maintenance.-- The Secretary may
not use any amount made available under subsection
(g)(2) to carry out the operation or maintenance of any
project carried out under paragraph (1).
(e) Effect on Existing Authority and Responsibilities.--
Nothing in this section--
(1) affects any existing project-specific funding
authority; or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or
from any Federal law (including regulations), Executive
order, or agreement between the Federal Government and
any Rio Grande Pueblo).
(f) Effect on Pueblo Water Rights or State Water Law.--
(1) Pueblo water rights.--Nothing in this section
(including the implementation of any project carried
out in accordance with this section) affects the right
of any Pueblo to receive, divert, store, or claim a
right to water, including the priority of right and the
quantity of water associated with the water right under
Federal or State law.
(2) State water law.--Nothing in this section
preempts or affects--
(A) State water law; or
(B) an interstate compact governing water.
(g) Authorization of Appropriations.--
(1) There is authorized to be appropriated to carry
out subsection (c) $4,000,000.
(2) There is authorized to be appropriated to carry
out subsection (d) $6,000,000 for each of fiscal years
2010 through [2020] 2021.
* * * * * * *
Subtitle F--Secure Water
* * * * * * *
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may
provide any grant to, or enter into an agreement with,
any eligible applicant to assist the eligible applicant
in planning, designing, or constructing any
improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including
increasing the use of renewable energy in the
management and delivery of water;
(E) to accelerate the adoption and use of
advanced water treatment technologies to
increase water supply;
(F) to prevent the decline of species that
the United States Fish and Wildlife Service and
National Marine Fisheries Service have proposed
for listing under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) (or candidate
species that are being considered by those
agencies for such listing but are not yet the
subject of a proposed rule);
(G) to accelerate the recovery of threatened
species, endangered species, and designated
critical habitats that are adversely affected
by Federal reclamation projects or are subject
to a recovery plan or conservation plan under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) under which the Commissioner of
Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related
impact to the water supply of the
United States that increases ecological
resiliency to the impacts of climate
change; or
(ii) to prevent any water-related
crisis or conflict at any watershed
that has a nexus to a Federal
reclamation project located in a
service area.
(2) Application.--To be eligible to receive a grant,
or enter into an agreement with the Secretary under
paragraph (1), an eligible applicant shall--
(A) be located within--
(i) the States and areas referred to
in the first section of the Act of June
17, 1902 (43 U.S.C. 391);
(ii) the State of Alaska; or
(iii) the State of Hawaii; and
(B) submit to the Secretary an application
that includes a proposal of the improvement or
activity to be planned, designed, constructed,
or implemented by the eligible applicant.
(3) Requirements of grants and cooperative
agreements.--
(A) Compliance with requirements.--Each grant
and agreement entered into by the Secretary
with any eligible applicant under paragraph (1)
shall be in compliance with each requirement
described in subparagraphs (B) through (F).
(B) Agricultural operations.--
(i) In general.--Except as provided
in clause (ii), in carrying out
paragraph (1), the Secretary shall not
provide a grant, or enter into an
agreement, for an improvement to
conserve irrigation water unless the
eligible applicant agrees not--
(I) to use any associated
water savings to increase the
total irrigated acreage of the
eligible applicant; or
(II) to otherwise increase
the consumptive use of water in
the operation of the eligible
applicant, as determined
pursuant to the law of the
State in which the operation of
the eligible applicant is
located.
(ii) Indian tribes.--In the case of
an eligible applicant that is an Indian
tribe, in carrying out paragraph (1),
the Secretary shall not provide a
grant, or enter into an agreement, for
an improvement to conserve irrigation
water unless the Indian tribe agrees
not--
(I) to use any associated
water savings to increase the
total irrigated acreage more
than the water right of that
Indian tribe, as determined
by--
(aa) a court decree;
(bb) a settlement;
(cc) a law; or
(dd) any combination
of the authorities
described in items (aa)
through (cc); or
(II) to otherwise increase
the consumptive use of water
more than the water right of
the Indian tribe described in
subclause (I).
(C) Nonreimbursable Funds.--Any funds
provided by the Secretary to an eligible
applicant through a grant or agreement under
paragraph (1) shall be nonreimbursable.
(D) Title to improvements.--If an
infrastructure improvement to a federally owned
facility is the subject of a grant or other
agreement entered into between the Secretary
and an eligible applicant under paragraph (1),
the Federal Government shall continue to hold
title to the facility and improvements to the
facility.
(E) Cost Sharing.--
(i) Federal share.--The Federal share
of the cost of any infrastructure
improvement or activity that is the
subject of a grant or other agreement
entered into between the Secretary and
an eligible applicant under paragraph
(1) shall not exceed 50 percent of the
cost of the infrastructure improvement
or activity.
(ii) Calculation of non-federal
share.--In calculating the non-Federal
share of the cost of an infrastructure
improvement or activity proposed by an
eligible applicant through an
application submitted by the eligible
applicant under paragraph (2), the
Secretary shall--
(I) consider the value of any
in-kind services that
substantially contributes
toward the completion of the
improvement or activity, as
determined by the Secretary;
and
(II) not consider any other
amount that the eligible
applicant receives from a
Federal agency.
(iii) Maximum amount.--The amount
provided to an eligible applicant
through a grant or other agreement
under paragraph (1) shall be not more
than $5,000,000.
(iv) Operation and maintenance
costs.--The non-Federal share of the
cost of operating and maintaining any
infrastructure improvement that is the
subject of a grant or other agreement
entered into between the Secretary and
an eligible applicant under paragraph
(1) shall be 100 percent.
(F) Liability.--
(i) In general.--Except as provided
under chapter 171 of title 28, United
States Code (commonly known as the
``Federal Tort Claims Act''), the
United States shall not be liable for
monetary damages of any kind for any
injury arising out of an act, omission,
or occurrence that arises in relation
to any facility created or improved
under this section, the title of which
is not held by the United States.
(ii) Tort claims act.--Nothing in
this section increases the liability of
the United States beyond that provided
in chapter 171 of title 28, United
States Code (commonly known as the
``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter
into 1 or more agreements with any university,
nonprofit research institution, or organization with
water or power delivery authority to fund any research
activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of
water resources; or
(C) to enhance the management of water
resources, including increasing the use of
renewable energy in the management and delivery
of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into
between the Secretary and any university,
institution, or organization described in
paragraph (1) shall be subject to such terms
and conditions as the Secretary determines to
be appropriate.
(B) Availability.--The agreements under this
subsection shall be available to all
Reclamation projects and programs that may
benefit from project-specific or programmatic
cooperative research and development.
(c) Mutual Benefit.--Grants or other agreements made under
this section may be for the mutual benefit of the United States
and the entity that is provided the grant or enters into the
cooperative agreement.
(d) Relationship to Project-Specific Authority.--This section
shall not supersede any existing project-specific funding
authority.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$530,000,000]
$600,000,000, to remain available until expended.
* * * * * * *
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
* * * * * * *
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Reclamation
Water Settlements Fund'', consisting of--
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in
the Fund under subsection (d).
(b) Deposits to Fund.--
(1) In general.--[For each of fiscal years 2020
through 2029] For fiscal year 2020 and each fiscal year
thereafter, the Secretary of the Treasury shall deposit
in the Fund, if available, $120,000,000 of the revenues
that would otherwise be deposited for the fiscal year
in the fund established by the first section of the Act
of June 17, 1902 (32 Stat. 388, chapter 1093).
(2) Availability of amounts.--Amounts deposited in
the Fund under paragraph (1) shall be made available
pursuant to this section--
(A) without further appropriation; and
(B) in addition to amounts appropriated
pursuant to any authorization contained in any
other provision of law.
(c) Expenditures From Fund.--
(1) In general.--
(A) Expenditures.--Subject to subparagraph
(B), [for each of fiscal years 2020 through
2034] for fiscal year 2020 and each fiscal year
thereafter, the Secretary may expend from the
Fund an amount not to exceed $120,000,000, plus
the interest accrued in the Fund, for the
fiscal year in which expenditures are made
pursuant to paragraphs (2) and (3).
(B) Additional expenditures.--The Secretary
may expend more than $120,000,000 for any
fiscal year if such amounts are available in
the Fund due to expenditures not reaching
$120,000,000 for prior fiscal years.
(2) Authority.--The Secretary may expend money from
the Fund to implement a settlement agreement approved
by Congress that resolves, in whole or in part,
litigation involving the United States, if the
settlement agreement or implementing legislation
requires the Bureau of Reclamation to provide financial
assistance for, or plan, design, and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery
system to conserve water; or
(ii) to restore fish and wildlife
habitat or otherwise improve
environmental conditions associated
with or affected by, or located within
the same river basin as, a Federal
reclamation project that is in
existence on the date of enactment of
this Act.
(3) Use for completion of project and other
settlements.--
(A) Priorities.--
(i) First priority.--
(I) In general.--The first
priority for expenditure of
amounts in the Fund during the
entire period in which the Fund
is in existence shall be for
the purposes described in, and
in the order of, clauses (i)
through (iv) of subparagraph
(B).
(II) Reserved amounts.--The
Secretary shall reserve and use
amounts deposited into the Fund
in accordance with subclause
(I).
(ii) Other purposes.--Any amounts in
the Fund that are not needed for the
purposes described in subparagraph (B)
may be used for other purposes
authorized in paragraph (2).
(B) Completion of project.--
(i) Navajo-gallup water supply
project.--
(I) In general.--Subject to
subclause (II), effective
beginning January 1, 2020, if,
in the judgment of the
Secretary on an annual basis
the deadline described in
section 10701(e)(1)(A)(ix) is
unlikely to be met because a
sufficient amount of funding is
not otherwise available through
appropriations made available
pursuant to section 10609(a),
the Secretary shall expend from
the Fund such amounts on an
annual basis consistent with
paragraphs (1) and (2), as are
necessary to pay the Federal
share of the costs, and
substantially complete as
expeditiously as practicable,
the construction of the water
supply infrastructure
authorized as part of the
Project.
(II) Maximum amount.--
(aa) In general.--
Except as provided
under item (bb), the
amount expended under
subclause (I) shall not
exceed $500,000,000 for
the period of fiscal
years 2020 through
2029.
(bb) Exception.--The
limitation on the
expenditure amount
under item (aa) may be
exceeded during the
entire period in which
the Fund is in
existence if such
additional funds can be
expended without
limiting the amounts
identified in clauses
(ii) through (iv).
(ii) Other new mexico settlements.--
(I) In general.--Subject to
subclause (II), effective
beginning January 1, 2020, in
addition to the funding made
available under clause (i), if
in the judgment of the
Secretary on an annual basis a
sufficient amount of funding is
not otherwise available through
annual appropriations, the
Secretary shall expend from the
Fund such amounts on an annual
basis consistent with
paragraphs (1) and (2), as are
necessary to pay the Federal
share of the remaining costs of
implementing the Indian water
rights settlement agreements
entered into by the State of
New Mexico in the Aamodt
adjudication and the Abeyta
adjudication, if such
settlements are subsequently
approved and authorized by an
Act of Congress and the
implementation period has not
already expired.
(II) Maximum amount.--The
amount expended under subclause
(I) shall not exceed
$250,000,000.
(iii) Montana settlements.--
(I) In general.--Subject to
subclause (II), effective
beginning January 1, 2020, in
addition to funding made
available pursuant to clauses
(i) and (ii), if in the
judgment of the Secretary on an
annual basis a sufficient
amount of funding is not
otherwise available through
annual appropriations, the
Secretary shall expend from the
Fund such amounts on an annual
basis consistent with
paragraphs (1) and (2), as are
necessary to pay the Federal
share of the remaining costs of
implementing Indian water
rights settlement agreements
entered into by the State of
Montana with the Blackfeet
Tribe, the Crow Tribe, or the
Gros Ventre and Assiniboine
Tribes of the Fort Belknap
Indian Reservation in the
judicial proceeding entitled
``In re the General
Adjudication of All the Rights
to Use Surface and Groundwater
in the State of Montana'', if a
settlement or settlements are
subsequently approved and
authorized by an Act of
Congress and the implementation
period has not already expired.
(II) Maximum amount.--
(aa) In general.--
Except as provided
under item (bb), the
amount expended under
subclause (I) shall not
exceed $350,000,000 for
the period of fiscal
years 2020 through
2029.
(bb) Exception.--The
limitation on the
expenditure amount
under item (aa) may be
exceeded during the
entire period in which
the Fund is in
existence if such
additional funds can be
expended without
limiting the amounts
identified in clause
(i), (ii), and (iv).
(cc) Other funding.--
The Secretary shall
ensure that any funding
under this clause shall
be provided in a manner
that does not limit the
funding available
pursuant to clauses (i)
and (ii).
(iv) Arizona settlement.--
(I) In general.--Subject to
subclause (II), effective
beginning January 1, 2020, in
addition to funding made
available pursuant to clauses
(i), (ii), and (iii), if in the
judgment of the Secretary on an
annual basis a sufficient
amount of funding is not
otherwise available through
annual appropriations, the
Secretary shall expend from the
Fund such amounts on an annual
basis consistent with
paragraphs (1) and (2), as are
necessary to pay the Federal
share of the remaining costs of
implementing an Indian water
rights settlement agreement
entered into by the State of
Arizona with the Navajo Nation
to resolve the water rights
claims of the Nation in the
Lower Colorado River basin in
Arizona, if a settlement is
subsequently approved and
authorized by an Act of
Congress and the implementation
period has not already expired.
(II) Maximum amount.--
(aa) In general.--
Except as provided
under item (bb), the
amount expended under
subclause (I) shall not
exceed $100,000,000 for
the period of fiscal
years 2020 through
2029.
(bb) Exception.--The
limitation on the
expenditure amount
under item (aa) may be
exceeded during the
entire period in which
the Fund is in
existence if such
additional funds can be
expended without
limiting the amounts
identified in clauses
(i) through (iii).
(cc) Other funding.--
The Secretary shall
ensure that any funding
under this clause shall
be provided in a manner
that does not limit the
funding available
pursuant to clauses (i)
and (ii).
(C) Reversion.--If the settlements described
in clauses (ii) through (iv) of subparagraph
(B) have not been approved and authorized by an
Act of Congress by December 31, 2019, the
amounts reserved for the settlements shall no
longer be reserved by the Secretary pursuant to
subparagraph (A)(i) and shall revert to the
Fund [for any authorized use, as determined by
the Secretary.] for any use authorized under
paragraph (2).
(d) Investment of Amounts.--
(1) In general.--The Secretary shall invest such
portion of the Fund as is not, in the judgment of the
Secretary, required to meet current withdrawals.
(2) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to, and
form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
[(f) Termination.--On September 30, 2034--
[(1) the Fund shall terminate; and
[(2) the unexpended and unobligated balance of the
Fund shall be transferred to the appropriate fund of
the Treasury.]
* * * * * * *
----------
CALFED BAY-DELTA AUTHORIZATION ACT
* * * * * * *
TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT
* * * * * * *
SEC. 103. BAY DELTA PROGRAM.
(a) In General.--
(1) Record of decision as general framework.--The
Record of Decision is approved as a general framework
for addressing the Calfed Bay-Delta Program, including
its components relating to water storage, ecosystem
restoration, water supply reliability (including new
firm yield), conveyance, water use efficiency, water
quality, water transfers, watersheds, the Environmental
Water Account, levee stability, governance, and
science.
(2) Requirements.--
(A) In general.--The Secretary and the heads
of the Federal agencies are authorized to carry
out the activities described in subsections (c)
through (f) consistent with--
(i) the Record of Decision;
(ii) the requirement that Program
activities consisting of protecting
drinking water quality, restoring
ecological health, improving water
supply reliability (including
additional storage, conveyance, and new
firm yield), and protecting Delta
levees will progress in a balanced
manner; and
(iii) this title.
(B) Multiple benefits.--In selecting
activities and projects, the Secretary and the
heads of the Federal agencies shall consider
whether the activities and projects have
multiple benefits.
(b) Authorized Activities.--The Secretary and the heads of
the Federal agencies are authorized to carry out the activities
described in subsections (c) through (f) in furtherance of the
Calfed Bay-Delta Program as set forth in the Record of
Decision, subject to the cost-share and other provisions of
this title, if the activity has been--
(1) subject to environmental review and approval, as
required under applicable Federal and State law; and
(2) approved and certified by the relevant Federal
agency, following consultation and coordination with
the Governor, to be consistent with the Record of
Decision.
(c) Authorizations for Federal Agencies Under Applicable
Law.--
(1) Secretary of the interior.--The Secretary of the
Interior is authorized to carry out the activities
described in paragraphs (1) through (10) of subsection
(d), to the extent authorized under the reclamation
laws, the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.),
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and other applicable law.
(2) Administrator of the environmental protection
agency.--The Administrator of the Environmental
Protection Agency is authorized to carry out the
activities described in paragraphs (3), (5), (6), (7),
(8), and (9) of subsection (d), to the extent
authorized under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), and other applicable law.
(3) Secretary of the army.--The Secretary of the Army
is authorized to carry out the activities described in
paragraphs (1), (2), (6), (7), (8), and (9) of
subsection (d), to the extent authorized under flood
control, water resource development, and other
applicable law.
(4) Secretary of commerce.--The Secretary of Commerce
is authorized to carry out the activities described in
paragraphs (2), (6), (7), and (9) of subsection (d), to
the extent authorized under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and other applicable law.
(5) Secretary of agriculture.--The Secretary of
Agriculture is authorized to carry out the activities
described in paragraphs (3), (5), (6), (7), (8), and
(9) of subsection (d), to the extent authorized under
title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 134)
(including amendments made by that Act), and other
applicable law.
(d) Description of Activities Under Applicable Law.--
(1) Water storage.--
(A) In general.--Activities under this
paragraph consist of--
(i) planning and feasibility studies
for projects to be pursued with
project-specific study for enlargement
of--
(I) the Shasta Dam in Shasta
County; and
(II) the Los Vaqueros
Reservoir in Contra Costa
County;
(ii) planning and feasibility studies
for the following projects requiring
further consideration--
(I) the Sites Reservoir in
Colusa County; and
(II) the Upper San Joaquin
River storage in Fresno and
Madera Counties;
(iii) developing and implementing
groundwater management and groundwater
storage projects; and
(iv) comprehensive water management
planning.
(B) Storage project authorization and
balanced calfed implementation.--
(i) In general.--If on completion of
the feasibility study for a project
described in clause (i) or (ii) of
subparagraph (A), the Secretary, in
consultation with the Governor,
determines that the project should be
constructed in whole or in part with
Federal funds, the Secretary shall
submit the feasibility study to
Congress.
(ii) Finding of imbalance.--If
Congress fails to authorize
construction of the project by the end
of the next full session following the
submission of the feasibility study,
the Secretary, in consultation with the
Governor, shall prepare a written
determination making a finding of
imbalance for the Calfed Bay-Delta
Program.
(iii) Report on rebalancing.--
(I) In general.--If the
Secretary makes a finding of
imbalance for the Program under
clause (ii), the Secretary, in
consultation with the Governor,
shall, not later than 180 days
after the end of the full
session described in clause
(ii), prepare and submit to
Congress a report on the
measures necessary to rebalance
the Program.
(II) Schedules and
alternatives.--The report shall
include preparation of revised
schedules and identification of
alternatives to rebalance the
Program, including resubmission
of the project to Congress with
or without modification,
construction of other projects,
and construction of other
projects that provide
equivalent water supply and
other benefits at equal or
lesser cost.
(C) Water supply and yield study.--
(i) In general.--The Secretary,
acting through the Bureau of
Reclamation and in coordination with
the State, shall conduct a study of
available water supplies and existing
and future needs for water--
(I) within the units of the
Central Valley Project;
(II) within the area served
by Central Valley Project
agricultural, municipal, and
industrial water service
contractors; and
(III) within the Calfed Delta
solution area.
(ii) Relationship to prior study.--In
conducting the study, the Secretary
shall incorporate and revise, as
necessary, the results of the study
required by section 3408(j) of the
Central Valley Project Improvement Act
of 1992 (Public Law 102-575; 106 Stat.
4730).
(iii) Report.--Not later than 1 year
after the date of enactment of this
Act, the Secretary shall submit to the
appropriate authorizing and
appropriating committees of the Senate
and the House of Representatives a
report describing the results of the
study, including--
(I) new firm yield and water
supply improvements, if any,
for Central Valley Project
agricultural water service
contractors and municipal and
industrial water service
contractors, including those
identified in Bulletin 160;
(II) all water management
actions or projects, including
those identified in Bulletin
160, that would--
(aa) improve firm
yield or water supply;
and
(bb) if taken or
constructed, balance
available water
supplies and existing
demand with due
recognition of water
right priorities and
environmental needs;
(III) the financial costs of
the actions and projects
described under subclause (II);
and
(IV) the beneficiaries of
those actions and projects and
an assessment of the
willingness of the
beneficiaries to pay the
capital costs and operation and
maintenance costs of the
actions and projects.
(D) Management.--The Secretary shall conduct
activities related to developing groundwater
storage projects to the extent authorized under
law.
(E) Comprehensive water planning.--The
Secretary shall conduct activities related to
comprehensive water management planning to the
extent authorized under law.
(2) Conveyance.--
(A) South delta actions.--
(i) In general.--In the case of the
South Delta, activities under this
subparagraph consist of--
(I) the South Delta
Improvements Program through
actions to--
(aa) increase the
State Water Project
export limit to 8,500
cfs;
(bb) install
permanent, operable
barriers in the South
Delta, under which
Federal agencies shall
cooperate with the
State to accelerate
installation of the
permanent, operable
barriers in the South
Delta, with an intent
to complete that
installation not later
than September 30,
2007;
(cc) evaluate,
consistent with the
Record of Decision,
fish screens and intake
facilities at the Tracy
Pumping Plant
facilities; and
(dd) increase the
State Water Project
export to the maximum
capability of 10,300
cfs;
(II) reduction of
agricultural drainage in South
Delta channels, and other
actions necessary to minimize
the impact of drainage on
drinking water quality;
(III) evaluation of lower San
Joaquin River floodway
improvements;
(IV) installation and
operation of temporary barriers
in the South Delta until fully
operable barriers are
constructed; and
(V) actions to protect
navigation and local diversions
not adequately protected by
temporary barriers.
(ii) Actions to increase pumping.--
Actions to increase pumping shall be
accomplished in a manner consistent
with the Record of Decision requirement
to avoid redirected impacts and adverse
impacts to fishery protection and with
any applicable Federal or State law
that protects--
(I) water diversions and use
(including avoidance of
increased costs of diversion)
by in-Delta water users
(including in-Delta
agricultural users that have
historically relied on water
diverted for use in the Delta);
(II) water quality for
municipal, industrial,
agricultural, and other uses;
and
(III) water supplies for
areas of origin.
(B) North delta actions.--In the case of the
North Delta, activities under this subparagraph
consist of--
(i) evaluation and implementation of
improved operational procedures for the
Delta Cross Channel to address fishery
and water quality concerns;
(ii) evaluation of a screened
through-Delta facility on the
Sacramento River; and
(iii) evaluation of lower Mokelumne
River floodway improvements.
(C) Interties.--Activities under this
subparagraph consist of--
(i) evaluation and construction of an
intertie between the State Water
Project California Aqueduct and the
Central Valley Project Delta Mendota
Canal, near the City of Tracy, as an
operation and maintenance activity,
except that the Secretary shall design
and construct the intertie in a manner
consistent with a possible future
expansion of the intertie capacity (as
described in subsection (f)(1)(B)); and
(ii) assessment of a connection of
the Central Valley Project to the
Clifton Court Forebay of the State
Water Project, with a corresponding
increase in the screened intake of the
Forebay.
(D) Program to meet standards.--
(i) In general.--Prior to increasing
export limits from the Delta for the
purposes of conveying water to south-
of-Delta Central Valley Project
contractors or increasing deliveries
through an intertie, the Secretary
shall, not later than 1 year after the
date of enactment of this Act, in
consultation with the Governor, develop
and initiate implementation of a
program to meet all existing water
quality standards and objectives for
which the Central Valley Project has
responsibility.
(ii) Measures.--In developing and
implementing the program, the Secretary
shall include, to the maximum extent
feasible, the measures described in
clauses (iii) through (vii).
(iii) Recirculation program.--The
Secretary shall incorporate into the
program a recirculation program to
provide flow, reduce salinity
concentrations in the San Joaquin
River, and reduce the reliance on the
New Melones Reservoir for meeting water
quality and fishery flow objectives
through the use of excess capacity in
export pumping and conveyance
facilities.
(iv) Best management practices
plan.--
(I) In general.--The
Secretary shall develop and
implement, in coordination with
the State's programs to improve
water quality in the San
Joaquin River, a best
management practices plan to
reduce the water quality
impacts of the discharges from
wildlife refuges that receive
water from the Federal
Government and discharge salt
or other constituents into the
San Joaquin River.
(II) Coordination with
interested parties.--The plan
shall be developed in
coordination with interested
parties in the San Joaquin
Valley and the Delta.
(III) Coordination with
entities that discharge
water.--The Secretary shall
also coordinate activities
under this clause with other
entities that discharge water
into the San Joaquin River to
reduce salinity concentrations
discharged into the River,
including the timing of
discharges to optimize their
assimilation.
(v) Acquisition of water.--The
Secretary shall incorporate into the
program the acquisition from willing
sellers of water from streams tributary
to the San Joaquin River or other
sources to provide flow, dilute
discharges of salt or other
constituents, and to improve water
quality in the San Joaquin River below
the confluence of the Merced and San
Joaquin Rivers, and to reduce the
reliance on New Melones Reservoir for
meeting water quality and fishery flow
objectives.
(vi) Purpose.--The purpose of the
authority and direction provided to the
Secretary under this subparagraph is to
provide greater flexibility in meeting
the existing water quality standards
and objectives for which the Central
Valley Project has responsibility so as
to reduce the demand on water from New
Melones Reservoir used for that purpose
and to assist the Secretary in meeting
any obligations to Central Valley
Project contractors from the New
Melones Project.
(vii) Updating of new melones
operating plan.--The Secretary shall
update the New Melones operating plan
to take into account, among other
things, the actions described in this
title that are designed to reduce the
reliance on New Melones Reservoir for
meeting water quality and fishery flow
objectives, and to ensure that actions
to enhance fisheries in the Stanislaus
River are based on the best available
science.
(3) Water use efficiency.--
(A) Water conservation projects.--Activities
under this paragraph include water conservation
projects that provide water supply reliability,
water quality, and ecosystem benefits to the
California Bay-Delta system.
(B) Technical assistance.--Activities under
this paragraph include technical assistance for
urban and agricultural water conservation
projects.
(C) Water recycling and desalination
projects.--Activities under this paragraph
include water recycling and desalination
projects, including groundwater remediation
projects and projects identified in the Bay
Area Water Plan and the Southern California
Comprehensive Water Reclamation and Reuse Study
and other projects, giving priority to projects
that include regional solutions to benefit
regional water supply and reliability needs.
(D) Water measurement and transfer actions.--
Activities under this paragraph include water
measurement and transfer actions.
(E) Urban water conservation.--Activities
under this paragraph include implementation of
best management practices for urban water
conservation.
(F) Reclamation and recycling projects.--
(i) Projects.--This subparagraph
applies to--
(I) projects identified in
the Southern California
Comprehensive Water Reclamation
and Reuse Study, dated April
2001 and authorized by section
1606 of the Reclamation
Wastewater and Groundwater
Study and Facilities Act (43
U.S.C. 390h-4); and
(II) projects identified in
the San Francisco Bay Area
Regional Water Recycling
Program described in the San
Francisco Bay Area Regional
Water Recycling Program
Recycled Water Master Plan,
dated December 1999 and
authorized by section 1611 of
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h-
9).
(ii) Deadline.--Not later than 180
days after the date of enactment of
this Act, the Secretary shall--
(I) complete the review of
the existing studies of the
projects described in clause
(i); and
(II) make the feasibility
determinations described in
clause (iii).
(iii) Feasibility determinations.--A
project described in clause (i) is
presumed to be feasible if the
Secretary determines for the project--
(I) in consultation with the
affected local sponsoring
agency and the State, that the
existing planning and
environmental studies for the
project (together with
supporting materials and
documentation) have been
prepared consistent with Bureau
of Reclamation procedures for
projects under consideration
for financial assistance under
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h
et seq.); and
(II) that the planning and
environmental studies for the
project (together with
supporting materials and
documentation) demonstrate that
the project will contribute to
the goals of improving water
supply reliability in the
Calfed solution area or the
Colorado River Basin within the
State and otherwise meets the
requirements of section 1604 of
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h-
2).
(iv) Report.--Not later than 90 days
after the date of completion of a
feasibility study or the review of a
feasibility study under this
subparagraph, the Secretary shall
submit to the appropriate authorizing
and appropriating committees of the
Senate and the House of Representatives
a report describing the results of the
study or review.
(4) Water transfers.--Activities under this paragraph
consist of--
(A) increasing the availability of existing
facilities for water transfers;
(B) lowering transaction costs through permit
streamlining; and
(C) maintaining a water transfer information
clearinghouse.
(5) Integrated regional water management plans.--
Activities under this paragraph consist of assisting
local and regional communities in the State in
developing and implementing integrated regional water
management plans to carry out projects and programs
that improve water supply reliability, water quality,
ecosystem restoration, and flood protection, or meet
other local and regional needs, in a manner that is
consistent with, and makes a significant contribution
to, the Calfed Bay-Delta Program.
(6) Ecosystem restoration.--
(A) In general.--Activities under this
paragraph consist of--
(i) implementation of large-scale
restoration projects in San Francisco
Bay and the Delta and its tributaries;
(ii) restoration of habitat in the
Delta, San Pablo Bay, and Suisun Bay
and Marsh, including tidal wetland and
riparian habitat;
(iii) fish screen and fish passage
improvement projects, including the
Sacramento River Small Diversion Fish
Screen Program;
(iv) implementation of an invasive
species program, including prevention,
control, and eradication;
(v) development and integration of
Federal and State agricultural programs
that benefit wildlife into the
Ecosystem Restoration Program;
(vi) financial and technical support
for locally-based collaborative
programs to restore habitat while
addressing the concerns of local
communities;
(vii) water quality improvement
projects to manage or reduce
concentrations of salinity, selenium,
mercury, pesticides, trace metals,
dissolved oxygen, turbidity, sediment,
and other pollutants;
(viii) land and water acquisitions to
improve habitat and fish spawning and
survival in the Delta and its
tributaries;
(ix) integrated flood management,
ecosystem restoration, and levee
protection projects;
(x) scientific evaluations and
targeted research on Program
activities; and
(xi) strategic planning and tracking
of Program performance.
(B) Reporting requirements.--The Secretary or
the head of the relevant Federal agency (as
appropriate under clause (ii)) shall provide to
the appropriate authorizing committees of the
Senate and the House of Representatives and
other appropriate parties in accordance with
this subparagraph--
(i) an annual ecosystem program plan
report in accordance with subparagraph
(C); and
(ii) detailed project reports in
accordance with subparagraph (D).
(C) Annual ecosystem program plan.--
(i) In general.--Not later than
October 1 of each year, with respect to
each ecosystem restoration action
carried out using Federal funds under
this title, the Secretary, in
consultation with the Governor, shall
submit to the appropriate authorizing
committees of the Senate and the House
of Representatives an annual ecosystem
program plan report.
(ii) Purposes.--The purposes of the
report are--
(I) to describe the projects
and programs to implement this
subsection in the following
fiscal year; and
(II) to establish priorities
for funding the projects and
programs for subsequent fiscal
years.
(iii) Contents.--The report shall
describe--
(I) the goals and objectives
of the programs and projects;
(II) program accomplishments;
(III) major activities of the
programs;
(IV) the Federal agencies
involved in each project or
program identified in the plan
and the cost-share arrangements
with cooperating agencies;
(V) the resource data and
ecological monitoring data to
be collected for the
restoration projects and how
the data are to be integrated,
streamlined, and designed to
measure the effectiveness and
overall trend of ecosystem
health in the Bay-Delta
watershed;
(VI) implementation schedules
and budgets;
(VII) existing monitoring
programs and performance
measures;
(VIII) the status and
effectiveness of measures to
minimize the impacts of the
program on agricultural land;
and
(IX) a description of
expected benefits of the
restoration program relative to
the cost.
(iv) Special rule for land
acquisition using federal funds.--For
each ecosystem restoration project
involving land acquisition using
Federal funds under this title, the
Secretary shall--
(I) identify the specific
parcels to be acquired in the
annual ecosystem program plan
report under this subparagraph;
or
(II) not later than 150 days
before the project is approved,
provide to the appropriate
authorizing committees of the
Senate and the House of
Representatives, the United
States Senators from the State,
and the United States
Representative whose district
would be affected, notice of
any such proposed land
acquisition using Federal funds
under this title submitted to
the Federal or State agency.
(D) Detailed project reports.--
(i) In general.--In the case of each
ecosystem restoration program or
project funded under this title that is
not specifically identified in an
annual ecosystem program plan under
subparagraph (C), not later than 45
days prior to approval, the Secretary,
in coordination with the State, shall
submit to the appropriate authorizing
committees of the Senate and the House
of Representatives recommendations on
the proposed program or project.
(ii) Contents.--The recommendations
shall--
(I) describe the selection of
the program or project,
including the level of public
involvement and independent
science review;
(II) describe the goals,
objectives, and implementation
schedule of the program or
project, and the extent to
which the program or project
addresses regional and
programmatic goals and
priorities;
(III) describe the monitoring
plans and performance measures
that will be used for
evaluating the performance of
the proposed program or
project;
(IV) identify any cost-
sharing arrangements with
cooperating entities;
(V) identify how the proposed
program or project will comply
with all applicable Federal and
State laws, including the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.); and
(VI) in the case of any
program or project involving
the acquisition of private land
using Federal funds under this
title--
(aa) describe the
process and timing of
notification of
interested members of
the public and local
governments;
(bb) describe the
measures taken to
minimize impacts on
agricultural land
pursuant to the Record
of Decision; and
(cc) include
preliminary management
plans for all
properties to be
acquired with Federal
funds, including an
overview of existing
conditions (including
habitat types in the
affected project area),
the expected ecological
benefits, preliminary
cost estimates, and
implementation
schedules.
(7) Watersheds.--Activities under this paragraph
consist of--
(A) building local capacity to assess and
manage watersheds affecting the Delta system;
(B) technical assistance for watershed
assessments and management plans; and
(C) developing and implementing locally-based
watershed conservation, maintenance, and
restoration actions.
(8) Water quality.--Activities under this paragraph
consist of--
(A) addressing drainage problems in the San
Joaquin Valley to improve downstream water
quality (including habitat restoration projects
that improve water quality) if--
(i) a plan is in place for monitoring
downstream water quality improvements;
and
(ii) State and local agencies are
consulted on the activities to be
funded;
except that no right, benefit, or privilege is
created as a result of this subparagraph;
(B) implementation of source control programs
in the Delta and its tributaries;
(C) developing recommendations through
scientific panels and advisory council
processes to meet the Calfed Bay-Delta Program
goal of continuous improvement in Delta water
quality for all uses;
(D) investing in treatment technology
demonstration projects;
(E) controlling runoff into the California
aqueduct, the Delta-Mendota Canal, and other
similar conveyances;
(F) addressing water quality problems at the
North Bay Aqueduct;
(G) supporting and participating in the
development of projects to enable San Francisco
Bay Area water districts, and water entities in
San Joaquin and Sacramento Counties, to work
cooperatively to address their water quality
and supply reliability issues, including--
(i) connections between aqueducts,
water transfers, water conservation
measures, institutional arrangements,
and infrastructure improvements that
encourage regional approaches; and
(ii) investigations and studies of
available capacity in a project to
deliver water to the East Bay Municipal
Utility District under its contract
with the Bureau of Reclamation, dated
July 20, 2001, in order to determine if
such capacity can be utilized to meet
the objectives of this subparagraph;
(H) development of water quality exchanges
and other programs to make high quality water
available for urban and other users;
(I) development and implementation of a plan
to meet all Delta water quality standards for
which the Federal and State water projects have
responsibility;
(J) development of recommendations through
science panels and advisory council processes
to meet the Calfed Bay-Delta Program goal of
continuous improvement in water quality for all
uses; and
(K) projects that are consistent with the
framework of the water quality component of the
Calfed Bay-Delta Program.
(9) Science.--Activities under this paragraph consist
of--
(A) supporting establishment and maintenance
of an independent science board, technical
panels, and standing boards to provide
oversight and peer review of the Program;
(B) conducting expert evaluations and
scientific assessments of all Program elements;
(C) coordinating existing monitoring and
scientific research programs;
(D) developing and implementing adaptive
management experiments to test, refine, and
improve scientific understandings;
(E) establishing performance measures, and
monitoring and evaluating the performance of
all Program elements; and
(F) preparing an annual science report.
(10) Diversification of water supplies.--Activities
under this paragraph consist of actions to diversify
sources of level 2 refuge supplies and modes of
delivery to refuges while maintaining the diversity of
level 4 supplies pursuant to section 3406(d)(2) of the
Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4723).
(e) New and Expanded Authorizations for Federal Agencies.--
(1) In general.--The heads of the Federal agencies
described in this subsection are authorized to carry
out the activities described in subsection (f) during
each of fiscal years 2005 through [2020] 2021, in
coordination with the Governor.
(2) Secretary of the interior.--The Secretary of the
Interior is authorized to carry out the activities
described in paragraphs (1), (2), and (4) of subsection
(f).
(3) Administrator of the environmental protection
agency and the secretaries of agriculture and
commerce.--The Administrator of the Environmental
Protection Agency, the Secretary of Agriculture, and
the Secretary of Commerce are authorized to carry out
the activities described in subsection (f)(4).
(4) Secretary of the army.--The Secretary of the Army
is authorized to carry out the activities described in
paragraphs (3) and (4) of subsection (f).
(f) Description of Activities Under New and Expanded
Authorizations.--
(1) Conveyance.--Of the amounts authorized to be
appropriated under section 109, not more than
$184,000,000 may be expended for the following:
(A) San luis reservoir.--Funds may be
expended for feasibility studies, evaluation,
and implementation of the San Luis Reservoir
lowpoint improvement project, except that
Federal participation in any construction of an
expanded Pacheco Reservoir shall be subject to
future congressional authorization.
(B) Intertie.--Funds may be expended for
feasibility studies and evaluation of increased
capacity of the intertie between the State
Water Project California Aqueduct and the
Central Valley Project Delta Mendota Canal.
(C) Franks tract.--Funds may be expended for
feasibility studies and actions at Franks Tract
to improve water quality in the Delta.
(D) Clifton court forebay and the tracy
pumping plant.--Funds may be expended for
feasibility studies and design of fish screen
and intake facilities at Clifton Court Forebay
and the Tracy Pumping Plant facilities.
(E) Drinking water intake facilities.--
(i) In general.--Funds may be
expended for design and construction of
the relocation of drinking water intake
facilities to in-Delta water users.
(ii) Drinking water quality.--The
Secretary shall coordinate actions for
relocating intake facilities on a time
schedule consistent with subsection
(d)(2)(A)(i)(I)(bb) or take other
actions necessary to offset the
degradation of drinking water quality
in the Delta due to the South Delta
Improvement Program.
(F) New melones reservoir.--
(i) In general.--In addition to the
other authorizations granted to the
Secretary by this title, the Secretary
shall acquire water from willing
sellers and undertake other actions
designed to decrease releases from the
New Melones Reservoir for meeting water
quality standards and flow objectives
for which the Central Valley Project
has responsibility to assist in meeting
allocations to Central Valley Project
contractors from the New Melones
Project.
(ii) Purpose.--The authorization
under this subparagraph is solely meant
to add flexibility for the Secretary to
meet any obligations of the Secretary
to the Central Valley Project
contractors from the New Melones
Project by reducing demand for water
dedicated to meeting water quality
standards in the San Joaquin River.
(iii) Funding.--Of the amounts
authorized to be appropriated under
section 109, not more than $30,000,000
may be expended to carry out clause
(i).
(G) Recirculation of export water.--Funds may
be used to conduct feasibility studies,
evaluate, and, if feasible, implement the
recirculation of export water to reduce
salinity and improve dissolved oxygen in the
San Joaquin River.
(2) Environmental water account.--
(A) In general.--Of the amounts authorized to
be appropriated under section 109, not more
than $90,000,000 may be expended for
implementation of the Environmental Water
Account.
(B) Nonreimbursable federal expenditure.--
Expenditures under subparagraph (A) shall be
considered a nonreimbursable Federal
expenditure in recognition of the payments of
the contractors of the Central Valley Project
to the Restoration Fund created by the Central
Valley Project Improvement Act (Title XXXIV of
Public Law 102-575; 106 Stat. 4706).
(C) Use of restoration fund.--
(i) In general.--Of the amounts
appropriated for the Restoration Fund
for each fiscal year, an amount not to
exceed $10,000,000 for any fiscal year
may be used to implement the
Environmental Water Account to the
extent those actions are consistent
with the fish and wildlife habitat
restoration and improvement purposes of
the Central Valley Project Improvement
Act.
(ii) Accounting.--Any such use of the
Restoration Fund shall count toward the
33 percent of funds made available to
the Restoration Fund that, pursuant to
section 3407(a) of the Central Valley
Project Improvement Act, are otherwise
authorized to be appropriated to the
Secretary to carry out paragraphs (4)
through (6), (10) through (18), and
(20) through (22) of section 3406(b) of
that Act.
(iii) Federal funding.--The
$10,000,000 limitation on the use of
the Restoration Fund for the
Environmental Water Account under
clause (i) does not limit the
appropriate amount of Federal funding
for the Environmental Water Account.
(3) Levee stability.--
(A) In general.--For purposes of implementing
the Calfed Bay-Delta Program), the Secretary of
the Army is authorized to undertake the
construction and implementation of levee
stability programs or projects for such
purposes as flood control, ecosystem
restoration, water supply, water conveyance,
and water quality objectives.
(B) Report.--Not later than 180 days after
the date of enactment of this Act, the
Secretary of the Army shall submit to the
appropriate authorizing and appropriating
committees of the Senate and the House of
Representatives a report that describes the
levee stability reconstruction projects and
priorities that will be carried out under this
title during each of fiscal years 2005 through
[2020] 2021.
(C) Justification.--
(i) In general.--Notwithstanding
section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962-2), in carrying
out levee stability programs and
projects pursuant to this paragraph,
the Secretary of the Army may determine
that the programs and projects are
justified by the benefits of the
project purposes described in
subparagraph (A), and the programs and
projects shall require no additional
economic justification if the Secretary
of the Army further determines that the
programs and projects are cost
effective.
(ii) Applicability.--Clause (i) shall
not apply to any separable element
intended to produce benefits that are
predominantly unrelated to the project
purposes described in subparagraph (A).
(D) Projects.--Of the amounts authorized to
be appropriated under section 109, not more
than $90,000,000 may be expended to--
(i) reconstruct Delta levees to a
base level of protection (also known as
the ``Public Law 84-99 standard'') as
described in the Record of Decision;
(ii) enhance the stability of levees
that have particular importance in the
system through the Delta Levee Special
Improvement Projects Program;
(iii) develop best management
practices to control and reverse land
subsidence on Delta islands;
(iv) develop a Delta Levee Emergency
Management and Response Plan that will
enhance the ability of Federal, State,
and local agencies to rapidly respond
to levee emergencies;
(v) develop a Delta Risk Management
Strategy after assessing the
consequences of Delta levee failure
from floods, seepage, subsidence, and
earthquakes;
(vi) reconstruct Delta levees using,
to the maximum extent practicable,
dredged materials from the Sacramento
River, the San Joaquin River, and the
San Francisco Bay in reconstructing
Delta levees;
(vii) coordinate Delta levee projects
with flood management, ecosystem
restoration, and levee protection
projects of the lower San Joaquin River
and lower Mokelumne River floodway
improvements and other projects under
the Sacramento-San Joaquin
Comprehensive Study; and
(viii) evaluate and, if appropriate,
rehabilitate the Suisun Marsh levees.
(4) Program management, oversight, and
coordination.--
(A) In general.--Of the amounts authorized to
be appropriated under section 109, not more
than $25,000,000 may be expended by the
Secretary or the other heads of Federal
agencies, either directly or through grants,
contracts, or cooperative agreements with
agencies of the State, for--
(i) Program support;
(ii) Program-wide tracking of
schedules, finances, and performance;
(iii) multiagency oversight and
coordination of Program activities to
ensure Program balance and integration;
(iv) development of interagency
cross-cut budgets and a comprehensive
finance plan to allocate costs in
accordance with the beneficiary pays
provisions of the Record of Decision;
(v) coordination of public outreach
and involvement, including tribal,
environmental justice, and public
advisory activities in accordance with
the Federal Advisory Committee Act (5
U.S.C. App.); and
(vi) development of Annual Reports.
(B) Program-wide activities.--Of the amount
referred to in subparagraph (A), not less than
50 percent of the appropriated amount shall be
provided to the California Bay-Delta Authority
to carry out Program-wide management,
oversight, and coordination activities.
* * * * * * *
SEC. 107. FEDERAL SHARE OF COSTS.
(a) In General.--The Federal share of the cost of
implementing the Calfed Bay-Delta Program for fiscal years 2005
through [2020] 2021 in the aggregate, as set forth in the
Record of Decision, shall not exceed 33.3 percent.
(b) Payment for Benefits.--The Secretary shall ensure that
all beneficiaries, including beneficiaries of environmental
restoration and other Calfed program elements, shall pay for
the benefit received from all projects or activities carried
out under the Calfed Bay-Delta Program.
(c) Integrated Resource Planning.--Federal expenditures for
the Calfed Bay-Delta Program shall be implemented in a manner
that encourages integrated resource planning.
* * * * * * *
SEC. 109. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to the Secretary and
the heads of the Federal agencies to pay the Federal share of
the cost of carrying out the new and expanded authorities
described in subsections (e) and (f) of section 103
$389,000,000 for the period of fiscal years 2005 through [2020]
2021, to remain available until expended.
* * * * * * *
----------
RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991
* * * * * * *
TITLE I--DROUGHT PROGRAM
* * * * * * *
SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.
(a) In general.--The programs and authorities established
under this subchapter shall become operative in any Reclamation
State and in the State of Hawaii only after the Governor or
Governors of the affected State or States, or on a reservation,
when the governing body of the affected tribe has made a
request for temporary drought assistance and the Secretary has
determined that such temporary assistance is merited, or upon
the approval of a drought contingency plan as provided in
subchapter II of this chapter.
(b) Coordination with BPA.--If a Governor referred to in
subsection (a) is the Governor of the State of Washington,
Oregon, Idaho, or Montana, the Governor shall coordinate with
the Administrator of the Bonneville Power Administration before
making a request under subsection (a).
(c) Termination of authority.--The authorities established
under this subchapter shall terminate on September 30, [2020]
2021.
* * * * * * *
TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in section 303 of this Act
(relating to temperature control devices at Shasta Dam,
California), there is authorized to be appropriated not more
than $120,000,000 in total for the period of fiscal years 2006
through [2020] 2021.
* * * * * * *
----------
CLAIMS RESOLUTION ACT OF 2010
* * * * * * *
TITLE VI--AAMODT LITIGATION SETTLEMENT
* * * * * * *
SEC. 602. DEFINITIONS.
In this title:
(1) Aamodt case.--The term ``Aamodt Case'' means the
civil action entitled State of New Mexico, ex rel.
State Engineer and United States of America, Pueblo de
Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and
Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV
6639 MV/LCS (D.N.M.).
(2) Acre-feet.--The term ``acre-feet'' means acre-
feet of water per year.
(3) Authority.--The term ``Authority'' means the
Pojoaque Basin Regional Water Authority described in
section 9.5 of the Settlement Agreement or an alternate
entity acceptable to the Pueblos and the County to
operate and maintain the diversion and treatment
facilities, certain transmission pipelines, and other
facilities of the Regional Water System.
(4) City.--The term ``City'' means the city of Santa
Fe, New Mexico.
(5) Cost-sharing and system integration agreement.--
The term ``Cost-Sharing and System Integration
Agreement'' means the agreement, dated August 27, 2009,
to be executed by the United States, the State, the
Pueblos, the County, and the City that--
(A) describes the location, capacity, and
management (including the distribution of water
to customers) of the Regional Water System; and
(B) allocates the costs of the Regional Water
System with respect to--
(i) the construction, operation,
maintenance, and repair of the Regional
Water System;
(ii) rights-of-way for the Regional
Water System; and
(iii) the acquisition of water
rights.
(6) County.--The term ``County'' means Santa Fe
County, New Mexico.
(7) County distribution system.--The term ``County
Distribution System'' means the portion of the Regional
Water System that serves water customers on non-Pueblo
land in the Pojoaque Basin.
(8) County water utility.--The term ``County Water
Utility'' means the water utility organized by the
County to--
(A) receive water distributed by the
Authority; and
(B) provide the water received under
subparagraph (A) to customers on non-Pueblo
land in the Pojoaque Basin.
(9) Engineering report.--The term ``Engineering
Report'' means the report entitled ``Pojoaque Regional
Water System Engineering Report'' dated September 2008
and any amendments thereto, including any modifications
which may be required by section 611(d)(2).
(10) Fund.--The term ``Fund'' means the Aamodt
Settlement Pueblos' Fund established by section 615(a).
(11) Operating agreement.--The term ``Operating
Agreement'' means the agreement between the Pueblos and
the County executed under section 612(a).
(12) Operations, maintenance, and replacement
costs.--
(A) In general.--The term ``operations,
maintenance, and replacement costs'' means all
costs for the operation of the Regional Water
System that are necessary for the safe,
efficient, and continued functioning of the
Regional Water System to produce the benefits
described in the Settlement Agreement.
(B) Exclusion.--The term ``operations,
maintenance, and replacement costs'' does not
include construction costs or costs related to
construction design and planning.
(13) Pojoaque basin.--
(A) In general.--The term ``Pojoaque Basin''
means the geographic area limited by a surface
water divide (which can be drawn on a
topographic map), within which area rainfall
and runoff flow into arroyos, drainages, and
named tributaries that eventually drain to--
(i) the Rio Pojoaque; or
(ii) the 2 unnamed arroyos
immediately south; and
(iii) 2 arroyos (including the Arroyo
Alamo) that are north of the confluence
of the Rio Pojoaque and the Rio Grande.
(B) Inclusion.--The term ``Pojoaque Basin''
includes the San Ildefonso Eastern Reservation
recognized by section 8 of Public Law 87-231
(75 Stat. 505).
(14) Pueblo.--The term ``Pueblo'' means each of the
pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque.
(15) Pueblos.--The term ``Pueblos'' means
collectively the Pueblos of Nambe, Pojoaque, San
Ildefonso, and Tesuque.
(16) Pueblo land.--The term ``Pueblo land'' means any
real property that is--
(A) held by the United States in trust for a
Pueblo within the Pojoaque Basin;
(B)(i) owned by a Pueblo within the Pojoaque
Basin before the date on which a court approves
the Settlement Agreement; or
(ii) acquired by a Pueblo on or after the
date on which a court approves the Settlement
Agreement, if the real property is located--
(I) within the exterior boundaries of
the Pueblo, as recognized and conformed
by a patent issued under the Act of
December 22, 1858 (11 Stat. 374,
chapter V); or
(II) within the exterior boundaries
of any territory set aside for the
Pueblo by law, executive order, or
court decree;
(C) owned by a Pueblo or held by the United
States in trust for the benefit of a Pueblo
outside the Pojoaque Basin that is located
within the exterior boundaries of the Pueblo as
recognized and confirmed by a patent issued
under the Act of December 22, 1858 (11 Stat.
374, chapter V); or
(D) within the exterior boundaries of any
real property located outside the Pojoaque
Basin set aside for a Pueblo by law, executive
order, or court decree, if the land is within
or contiguous to land held by the United States
in trust for the Pueblo as of January 1, 2005.
(17) Pueblo water facility.--
(A) In general.--The term ``Pueblo Water
Facility'' means--
(i) a portion of the Regional Water
System that serves only water customers
on Pueblo land; and
(ii) portions of a Pueblo water
system in existence on the date of
enactment of this Act that serve water
customers on non-Pueblo land, also in
existence on the date of enactment of
this Act, or their successors, that
are--
(I) depicted in the final
project design, as modified by
the drawings reflecting the
completed Regional Water
System; and
(II) described in the
Operating Agreement.
(B) Inclusions.--The term ``Pueblo Water
Facility'' includes--
(i) the barrier dam and infiltration
project on the Rio Pojoaque described
in the Engineering Report; and
(ii) the Tesuque Pueblo infiltration
pond described in the Engineering
Report.
(18) Regional Water System.--
(A) In general.--The term ``Regional Water
System'' means the Regional Water System
described in section 611(a).
(B) Exclusions.--The term ``Regional Water
System'' does not include the County or Pueblo
water supply delivered through the Regional
Water System.
(19) San juan-chama project.--The term ``San Juan-
Chama Project'' means the Project authorized by section
8 of the Act of June 13, 1962 (76 Stat. 96, 97), and
the Act of April 11, 1956 (70 Stat. 105).
(20) San juan-chama project act.--The term ``San
Juan-Chama Project Act'' means sections 8 through 18 of
the Act of June 13, 1962 (76 Stat. 96, 97).
(21) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(22) Settlement agreement.--The term ``Settlement
Agreement'' means the agreement among the State, the
Pueblos, the United States, the County, and the City
dated January 19, 2006, and signed by all of the
government parties to the Settlement Agreement (other
than the United States) on May 3, 2006, as amended in
conformity with this title.
(23) State.--The term ``State'' means the State of
New Mexico.
The term ``611(g) AGREEMENT'' means the agreement
dated September 19, 2019, executed by the United
States, the Pueblos, the County and the City pursuant
to section 611(g).
(24) 611(g) AGREEMENT.--The term ``611(g) AGREEMENT''
means the agreement dated September 19, 2019, executed
by the United States, the Pueblos, the County and the
City pursuant to section 611(g).
Subtitle A--Pojoaque Basin Regional Water System
SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM.
(a) In general.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and construct
a regional water system in accordance with the Settlement
Agreement, to be known as the ``Regional Water System''--
(1) to divert and distribute water to the Pueblos and
to the County Water Utility, in accordance with the
Engineering Report; and
(2) that consists of--
(A) surface water diversion facilities at San
Ildefonso Pueblo on the Rio Grande; and
(B) any treatment, transmission, storage and
distribution facilities and wellfields for the
County Distribution System and Pueblo Water
Facilities that are necessary to supply 4,000
acre-feet of water within the Pojoaque Basin,
unless modified in accordance with subsection
(d)(2).
(b) Final Project Design.--The Secretary shall issue a final
project design within 90 days of completion of the
environmental compliance described in section 616 for the
Regional Water System that--
(1) is consistent with the Engineering Report; and
(2) includes a description of any Pueblo Water
Facilities.
(c) Acquisition of Land; Water Rights.--
(1) Acquisition of Land.--Upon request, and in
exchange for the funding which shall be provided in
section 617(c), the Pueblos shall consent to the grant
of such easements and rights-of-way as may be necessary
for the construction of the Regional Water System at no
cost to the Secretary. To the extent that the State or
County own easements or rights-of-way that may be used
for construction of the Regional Water System, the
State or County shall provide that land or interest in
land as necessary for construction at no cost to the
Secretary. The Secretary shall acquire any other land
or interest in land that is necessary for the
construction of the Regional Water System.
(2) Water rights.--The Secretary shall not condemn
water rights for purposes of the Regional Water System.
(d) Conditions for Construction.--
(1) In general.--The Secretary shall not begin
construction of the Regional Water System facilities
until the date on which--
(A) the Secretary executes--
(i) the Settlement Agreement; and
(ii) the Cost-Sharing and System
Integration Agreement; and
(B) the State and the County have entered
into an agreement with the Secretary to
contribute the non-Federal share of the costs
of the construction in accordance with the
Cost-Sharing and System Integration Agreement.
(2) Modifications to regional water system.--
(A) In general.--The State and the County, in
agreement with the Pueblos, the City, and other
signatories to the Cost-Sharing and System
Integration Agreement, may modify the extent,
size, and capacity of the County Distribution
System as set forth in the Cost-Sharing and
System Integration Agreement.
(B) Effect.--A modification under
subparagraph (A)--
(i) shall not affect implementation
of the Settlement Agreement so long as
the provisions in section 623 are
satisfied; and
(ii) may result in an adjustment of
the State and County cost-share
allocation as set forth in the Cost-
Sharing and System Integration
Agreement.
(e) Applicable Law.--The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) shall not
apply to the design and construction of the Regional Water
System.
(f) Construction Costs.--
(1) Pueblo water facilities.--
(A) In general.--Except as provided in
subparagraph (B), the expenditures of the
Secretary to construct the Pueblo Water
Facilities under this section shall not exceed
[$106,400,000] $243,400,000.
[(B) Exception.--The amount described in
subparagraph (A) shall be increased or
decreased, as appropriate, based on ordinary
fluctuations in construction costs since
October 1, 2006, as determined using applicable
engineering cost indices.]
(B) EXCEPTION.--Of the amount described in
subparagraph (A)-- (i) the initial $106,400,000
shall be increased or decreased, as
appropriate, based on ordinary fluctuations in
construction costs since October 1, 2006, as
determined using applicable engineering cost
indices; and (ii) any amounts made available in
excess of the amount described in clause (i)
shall be increased or decreased, as
appropriate, based on ordinary fluctuations in
construction costs since October 1, 2018, as
determined using applicable engineering cost
indices.
(2) Costs to pueblo.--The costs incurred by the
Secretary in carrying out activities to construct the
Pueblo Water Facilities under this section shall not be
reimbursable to the United States.
(3) County distribution system.--As a condition of
the Secretary using the funds made available pursuant
to section 617(a)(1), the costs of constructing the
County Distribution System shall be a State and local
expense pursuant to the Cost-Sharing and System
Integration Agreement and the 611(g) Agreement.
(g) Initiation of Discussions.--
(1) In general.--If the Secretary determines that the
cost of constructing the Regional Water System exceed
the amounts described in the Cost-Sharing and System
Integration Agreement for construction of the Regional
Water System and would necessitate funds in excess of
the amount made available pursuant to section
617(a)(1), the Secretary shall initiate negotiations
with the parties to the Cost-Sharing and System
Integration Agreement for an agreement regarding non-
Federal contributions to ensure that the Regional Water
System can be completed as required by section 623(e).
(2) Joint responsibilities.--The United States shall
not bear the entire amount of any cost overrun, nor
shall the State be responsible to pay any amounts in
addition to the amounts specified in the Cost-Sharing
and System Integration Agreement.
(h) Conveyance of Regional Water System Facilities.--
(1) In general.--Subject to paragraph (2), on
completion of the construction of the Regional Water
System as defined in section 623(e), the Secretary, in
accordance with the Operating Agreement, shall convey
to--
(A) each Pueblo the portion of any Pueblo
Water Facility that is located within the
boundaries of the Pueblo, including any land or
interest in land located within the boundaries
of the Pueblo that is acquired by the United
States for the construction of the Pueblo Water
Facility;
(B) the County the County Distribution
System, including any land or interest in land
acquired by the United States for the
construction of the County Distribution System;
and
(C) the Authority any portions of the
Regional Water System that remain after making
the conveyances under subparagraphs (A) and
(B), including any land or interest in land
acquired by the United States for the
construction of the portions of the Regional
Water System.
(2) Conditions for conveyance.--The Secretary shall
not convey any portion of the Regional Water System
facilities under paragraph (1) until the date on
which--
(A) construction of the Regional Water System
is substantially complete, as defined in
section 623(e); and
(B) the Operating Agreement is executed in
accordance with section 612.
(3) Subsequent conveyance.--On conveyance by the
Secretary under paragraph (1), the Pueblos, the County,
and the Authority shall not reconvey any portion of the
Regional Water System conveyed to the Pueblos, the
County, and the Authority, respectively, unless the
reconveyance is authorized by an Act of Congress
enacted after the date of enactment of this Act.
(4) Interest of the united states.--On conveyance of
a portion of the Regional Water System under paragraph
(1), the United States shall have no further right,
title, or interest in and to the portion of the
Regional Water System conveyed.
(5) Additional construction.--On conveyance of a
portion of the Regional Water System under paragraph
(1), the Pueblos, County, or the Authority, as
applicable, may, at the expense of the Pueblos, County,
or the Authority, construct any additional
infrastructure that is necessary to fully use the water
delivered by the Regional Water System.
(6) Taxation.--Conveyance of title to any portion of
the Regional Water System, the Pueblo Water Facilities,
or the County Distribution System under paragraph (1)
does not waive or alter any applicable Federal law
prohibiting taxation of such facilities or the
underlying land.
(7) Liability.--
(A) In general.--Effective on the date of
conveyance of any land or facility under this
section, the United States shall not be held
liable by any court for damages of any kind
arising out of any act, omission, or occurrence
relating to the land and facilities conveyed,
other than damages caused by acts of negligence
by the United States, or by employees or agents
of the United States, prior to the date of
conveyance.
(B) Tort claims.--Nothing in this section
increases the liability of the United States
beyond the liability provided in chapter 171 of
title 28, United States Code (commonly known as
the ``Federal Tort Claims Act'').
(8) Effect.--Nothing in any transfer of ownership
provided or any conveyance thereto as provided in this
section shall extinguish the right of any Pueblo, the
County, or the Regional Water Authority to the
continuous use and benefit of each easement or right of
way for the use, operation, maintenance, repair, and
replacement of Pueblo Water Facilities, the County
Distribution System or the Regional Water System or for
wastewater purposes as provided in the Cost-Sharing and
System Integration Agreement.
* * * * * * *
SEC. 617. FUNDING.
(a) Regional water system.--
(1) Funding.--
(A) Mandatory appropriation.--Subject to
paragraph (5), out of any funds in the Treasury
not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary
for the planning, design, and construction of
the Regional Water System and the conduct of
environmental compliance activities under
section 616 an amount not to exceed
$56,400,000, as adjusted under paragraph (4),
for the period of fiscal years 2011 through
2016, to remain available until expended.
(B) Authorization of appropriations.--In
addition to the amount made available under
subparagraph (A), there is authorized to be
appropriated to the Secretary for the planning,
design, and construction of the Regional Water
System and the conduct of environmental
compliance activities under section 616
[$50,000,000] $187,000,000, as adjusted under
paragraph (4), for the period of fiscal years
2011 through [2024] 2028.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this title the funds transferred under
paragraph (1)(A), without further appropriation, to
remain available until expended.
(3) Priority of funding.--Of the amounts made
available under paragraph (1), the Secretary shall give
priority to funding--
(A) the construction of the San Ildefonso
portion of the Regional Water System,
consisting of--
(i) the surface water diversion,
treatment, and transmission facilities
at San Ildefonso Pueblo; and
(ii) the San Ildefonso Pueblo portion
of the Pueblo Water Facilities; and
(B) that part of the Regional Water System
providing 475 acre-feet to Pojoaque Pueblo
pursuant to section 2.2 of the Settlement
Agreement.
(4) Adjustment.--The amounts made available under
paragraph (1) shall be adjusted annually to account for
increases in construction costs [since October 1, 2006,
as determined using applicable engineering cost
indices] pursuant to section 611(f)(1)(B).
(5) Limitations.--
(A) In general.--No amounts shall be made
available under paragraph (1) for the
construction of the Regional Water System until
the date on which the United States District
Court for the District of New Mexico issues an
order approving the Settlement Agreement.
(B) Record of decision.--No amounts made
available under paragraph (1) shall be expended
for construction unless the record of decision
issued by the Secretary after completion of an
environmental impact statement provides for a
preferred alternative that is in substantial
compliance with the proposed Regional Water
System, as defined in the Engineering Report.
(b) Acquisition of Water Rights.--
(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary for the acquisition of
the water rights under section 613(a)(1)(B) $5,400,000.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this title the funds transferred under
paragraph (1), without further appropriation, to remain
available until expended.
(c) Aamodt Settlement Pueblos' Fund.--
(1) Funding.--
(A) Mandatory appropriations.--Out of any
funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary the following
amounts for the period of fiscal years 2011
through 2015:
(i) $15,000,000, as adjusted
according to the CPI Urban Index
beginning on October 1, 2006, which
shall be allocated to the Pueblos, in
accordance with section 2.7.1 of the
Settlement Agreement, for the
rehabilitation, improvement, operation,
maintenance, and replacement of the
agricultural delivery facilities, waste
water systems, and other water-related
infrastructure of the applicable
Pueblo.
(ii) $5,000,000, as adjusted
according to the CPI Urban Index
beginning on January 1, 2011, and any
interest on that amount, which shall be
allocated to the Pueblo of Nambe only
for the acquisition land, other real
property interests, or economic
development for the Nambe reserved
water rights in accordance with section
613(a)(1)(A).
(B) Authorization of appropriations.--In
addition to the amounts made available under
clauses (i) and (ii) of subparagraph (A),
respectively, there are authorized to be
appropriated to the Secretary for the period of
fiscal years 2011 through 2024, $37,500,000 to
assist the Pueblos in paying the Pueblos' share
of the cost of operating, maintaining, and
replacing the Pueblo Water Facilities and the
Regional Water System.
(2) Operation, maintenance, and replacement costs.--
(A) In general.--Prior to conveyance of the
Regional Water System pursuant to section 611,
the Secretary is authorized to and shall pay
any operation, maintenance, and replacement
costs associated with the Pueblo Water
Facilities or the Regional Water System, up to
the amount made available under subparagraph
(B).
(B) Authorization of appropriations.--There
is authorized to be appropriated to the
Secretary to carry out subparagraph (A)
$5,000,000.
(C) Obligation of federal government after
completion.--After the date on which
construction of the Regional Water System is
completed and the amounts required to be
deposited in the Aamodt Settlement Pueblos'
Fund pursuant to paragraph (1) have been
deposited by the Federal Government--
(i) the Federal Government shall have
no obligation to pay for the operation,
maintenance, and replacement costs
associated with the Pueblo Water
Facilities or the Regional Water
System; and
(ii) the authorization for the
Secretary to expend funds for the
operation, maintenance, and replacement
costs of those systems under
subparagraph (A) shall expire.
(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this title the funds transferred under
paragraphs (1)(A), without further appropriation, to
remain available until expended or until the
authorization for the Secretary to expend funds
pursuant to paragraph (2) expires.
Subtitle B--Pojoaque Basin Indian Water Rights Settlement
SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.
[(a) Approval.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this title, the Settlement Agreement and the
Cost-Sharing and System Integration Agreement (including any
amendments to the Settlement Agreement and the Cost-Sharing and
System Integration Agreement that are executed to make the
Settlement Agreement or the Cost-Sharing and System Integration
Agreement consistent with this title) are authorized, ratified,
and confirmed.]
(a) APPROVAL.--To the extent the Settlement
Agreement, the Cost-Sharing and System Integration
Agreement, and the 611(g) Agreement do not conflict
with this title, the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the
611(g) Agreement (including any amendments to the
Settlement Agreement, the Cost Sharing and System
Integration Agreement, and the 611(g) Agreement that
are executed to make the Settlement Agreement, the
Cost-Sharing and System Integration Agreement, or the
611(g) Agreement consistent with this title) are
authorized, ratified, and confirmed.
(b) Execution.--To the extent the Settlement Agreement and
the Cost-Sharing and System Integration Agreement do not
conflict with this title, the Secretary shall execute the
Settlement Agreement and the Cost-Sharing and System
Integration Agreement (including any amendments that are
necessary to make the Settlement Agreement or the Cost-Sharing
and System Integration Agreement consistent with this title).
(c) Authorities of the Pueblos.--
(1) In general.--Each of the Pueblos may enter into
leases or contracts to exchange water rights or to
forebear undertaking new or expanded water uses for
water rights recognized in section 2.1 of the
Settlement Agreement for use within the Pojoaque Basin,
in accordance with the other limitations of section
2.1.5 of the Settlement Agreement, provided that
section 2.1.5 is amended accordingly.
(2) Approval by secretary.--Consistent with the
Settlement Agreement, the Secretary shall approve or
disapprove a lease or contract entered into under
paragraph (1).
(3) Prohibition on permanent alienation.--No lease or
contract under paragraph (1) shall be for a term
exceeding 99 years, nor shall any such lease or
contract provide for permanent alienation of any
portion of the water rights made available to the
Pueblos under the Settlement Agreement.
(4) Applicable law.--Section 2116 of the Revised
Statutes (25 U.S.C. 177) shall not apply to any lease
or contract entered into under paragraph (1).
(5) Leasing or marketing of water supply.--The water
supply provided on behalf of the Pueblos pursuant to
section 613(a)(1) may only be leased or marketed by any
of the Pueblos pursuant to the intergovernmental
agreements described in section 614(c)(2).
(d) Amendments to Contracts.--The Secretary shall amend the
contracts relating to the Nambe Falls Dam and Reservoir that
are necessary to use water supplied from the Nambe Falls Dam
and Reservoir in accordance with the Settlement Agreement.
* * * * * * *
SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.
(a) Conditions Precedent.--
(1) In general.--Upon the fulfillment of the
conditions precedent described in paragraph (2), the
Secretary shall publish in the Federal Register by
September 15, 2017, a statement of findings that the
conditions have been fulfilled.
(2) Requirements.--The conditions precedent referred
to in paragraph (1) are the conditions that--
(A) to the extent that the Settlement
Agreement conflicts with this subtitle, the
Settlement Agreement has been revised to
conform with this subtitle;
(B) the Settlement Agreement, so revised,
including waivers and releases pursuant to
section 624, has been executed by the
appropriate parties and the Secretary;
(C) Congress has fully appropriated, or the
Secretary has provided from other authorized
sources, all funds authorized by section 617,
with the exception of subsection (a)(1) of that
section;
(D) the Secretary has acquired and entered
into appropriate contracts for the water rights
described in section 613(a);
(E) for purposes of section 613(a), permits
have been issued by the New Mexico State
Engineer to the Regional Water Authority to
change the points of diversion to the mainstem
of the Rio Grande for the diversion and
consumptive use of at least 2,381 acre-feet by
the Pueblos as part of the water supply for the
Regional Water System, subject to the
conditions that--
(i) the permits shall be free of any
condition that materially adversely
affects the ability of the Pueblos or
the Regional Water Authority to divert
or use the Pueblo water supply
described in section 613(a), including
water rights acquired in addition to
those described in section 613(a), in
accordance with section 613(g); and
(ii) the Settlement Agreement shall
establish the means to address any
permit conditions to ensure the ability
of the Pueblos to fully divert and
consume at least 2,381 acre-feet as
part of the water supply for the
Regional Water System, including
defining the conditions that will not
constitute a material adverse affect;
(F) the State has enacted any necessary
legislation and provided any funding that may
be required under the Settlement Agreement;
(G) a partial final decree that sets forth
the water rights and other rights to water to
which the Pueblos are entitled under the
Settlement Agreement and this subtitle and that
substantially conforms to the Settlement
Agreement has been approved by the United
States District Court for the District of New
Mexico;
(H) a final decree that sets forth the water
rights for all parties to the Aamodt Case and
that substantially conforms to the Settlement
Agreement has been approved by the United
States District Court for the District of New
Mexico; and
(I) the waivers and releases described in
section 624 have been executed.
(b) Expiration Date.--If all the conditions precedent
described in subsection (a)(2) have not been fulfilled by
September 15, 2017--
(1) the Settlement Agreement shall no longer be
effective;
(2) the waivers and releases described in the
Settlement Agreement and section 624 shall not be
effective;
(3) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by
this title, together with any interest earned on those
funds, any water rights or contracts to use water, and
title to other property acquired or constructed with
Federal funds appropriated or made available to carry
out the activities authorized by this title shall be
returned to the Federal Government, unless otherwise
agreed to by the Pueblos and the United States and
approved by Congress; and
(4) except for Federal funds used to acquire or
develop property that is returned to the Federal
Government under paragraph (3), the United States shall
be entitled to set off any Federal funds appropriated
or made available to carry out the activities
authorized by this title that were expended or
withdrawn, together with any interest accrued on those
funds, against any claims against the United States--
(A) relating to water rights in the Pojoaque
Basin asserted by any Pueblo that benefitted
from the use of expended or withdrawn Federal
funds; or
(B) in any future settlement of the Aamodt
Case.
(c) Enforcement Date.--The Settlement Agreement shall become
enforceable beginning on the date on which the United States
District Court for the District of New Mexico enters a partial
final decree pursuant to subsection (a)(2)(G) and an Interim
Administrative Order consistent with the Settlement Agreement.
(d) Effectiveness of Waivers.--The waivers and releases
executed pursuant to section 624 shall become effective as of
the date that the Secretary publishes the notice required by
subsection (a)(1).
(e) Requirements for Determination of Substantial Completion
of the Regional Water System.--
(1) Criteria for substantial completion of regional
water system.--Subject to the provisions in section
611(d) concerning the extent, size, and capacity of the
County Distribution System, the Regional Water System
shall be determined to be substantially completed if
the infrastructure has been constructed capable of--
(A) diverting, treating, transmitting, and
distributing a supply of 2,500 acre-feet of
water to the Pueblos; and
(B) diverting, treating, and transmitting the
quantity of water specified in the Engineering
Report to the County Distribution System.
(2) Consultation.--On or after June 30, [2021] 2025,
at the request of 1 or more of the Pueblos, the
Secretary shall consult with the Pueblos and confer
with the County and the State on whether the criteria
in paragraph (1) for substantial completion of the
Regional Water System have been met or will be met by
June 30, [2024] 2028.
(3) Written determination by secretary.--Not earlier
than June 30, [2021] 2025, at the request of 1 or more
of the Pueblos and after the consultation required by
paragraph (2), the Secretary shall--
(A) determine whether the Regional Water
System has been substantially completed based
on the criteria described in paragraph (1); and
(B) submit a written notice of the
determination under subparagraph (A) to--
(i) the Pueblos;
(ii) the County; and
(iii) the State.
(4) Right to review.--
(A) In general.--A determination by the
Secretary under paragraph (3)(A) shall be
considered to be a final agency action subject
to judicial review by the Decree Court under
sections 701 through 706 of title 5, United
States Code.
(B) Failure to make timely determination.--
(i) In general.--If a Pueblo requests
a written determination under paragraph
(3) and the Secretary fails to make
such a written determination by the
date described in clause (ii), there
shall be a rebuttable presumption that
the failure constitutes agency action
unlawfully withheld or unreasonably
delayed under section 706 of title 5,
United States Code.
(ii) Date.--The date referred to in
clause (i) is the date that is the
later of--
(I) the date that is 180 days
after the date of receipt by
the Secretary of the request by
the Pueblo; and
(II) June 30, [2023] 2027.
(C) Effect of title.--Nothing in this title
gives any Pueblo or Settlement Party the right
to judicial review of a determination of the
Secretary regarding whether the Regional Water
System has been substantially completed except
under subchapter II of chapter 5, and chapter
7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
(5) Right to void final decree.--
(A) In general.--Not later than June 30,
[2024] 2028, on a determination by the
Secretary, after consultation with the Pueblos,
that the Regional Water System is not
substantially complete, 1 or more of the
Pueblos, or the United States acting on behalf
of a Pueblo, shall have the right to notify the
Decree Court of the determination.
(B) Effect.--The Final Decree shall have no
force or effect on a finding by the Decree
Court that a Pueblo, or the United States
acting on behalf of a Pueblo, has submitted
proper notification under subparagraph (A).
(f) Voiding of Waivers.--If the Final Decree is void under
subsection (e)(5)--
(1) the Settlement Agreement shall no longer be
effective;
(2) the waivers and releases executed pursuant to
section 624 shall no longer be effective;
(3) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by
this title, together with any interest earned on those
funds, any water rights or contracts to use water, and
title to other property acquired or constructed with
Federal funds appropriated or made available to carry
out the activities authorized by this title shall be
returned to the Federal Government, unless otherwise
agreed to by the Pueblos and the United States and
approved by Congress; and
(4) except for Federal funds used to acquire or
develop property that is returned to the Federal
Government under paragraph (3), the United States shall
be entitled to set off any Federal funds appropriated
or made available to carry out the activities
authorized by this title that were expended or
withdrawn, together with any interest accrued on those
funds, against any claims against the United States--
(A) relating to water rights in the Pojoaque
Basin asserted by any Pueblo that benefitted
from the use of expended or withdrawn Federal
funds; or
(B) in any future settlement of the Aamodt
Case.
(g) Extension.--The dates in subsections (a)(1) and (b) may
be extended if the parties to the Cost-Sharing and System
Integration Agreement agree that an extension is reasonably
necessary.
* * * * * * *
----------
ENERGY CONSERVATION AND PRODUCTION ACT
* * * * * * *
TITLE IV--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR
EXISTING BUILDINGS
* * * * * * *
Part A--Weatherization Assistance for Low-Income Persons
* * * * * * *
limitations
Sec. 415. (a)(1) Not more than an amount equal to [10
percent] 12.5 percent of any grant made by the Secretary under
this part may be used for administrative purposes in carrying
out duties under this part, except that not more than one-half
of such amount may be used by any State for such purposes, and
a State may provide in the plan adopted pursuant to subsection
(b) for recipients of grants of less than $350,000 to use up to
an additional 5 percent of such grant for administration if the
State has determined that such recipient requires such
additional amount to implement effectively the administrative
requirements established by the Secretary pursuant to this
part.
(2) The Secretary shall establish energy audit procedures and
techniques which (i) meet standards established by the
Secretary after consultation with the State Energy Advisory
Board established under section 365(g) of the Energy Policy and
Conservation Act, (ii) establish priorities for selection of
weatherization measures based on their cost and contribution to
energy efficiency, (iii) measure the energy requirement of
individual dwellings and the rate of return of the total
conservation investment in a dwelling, and (iv) account for
interaction among energy efficiency measures.
(b) The Secretary shall insure that financial assistance
provided under this part will--
(1) be allocated within the State or area in
accordance with a published State or area plan, which
is adopted by such State after notice and a public
hearing, describing the proposed funding distributions
and recipients;
(2) be allocated, pursuant to such State or area
plan, to community action agencies carrying out
programs under title II of the Economic Opportunity Act
of 1964 or to other appropriate and qualified public or
nonprofit entities in such State or area so that--
(A) funds will be allocated on the basis of
the relative need for weatherization assistance
among the low-income persons within such State
or area, taking into account appropriate
climatic and energy conservation factors; and
(B) due consideration will be given to the
results of periodic evaluations of the projects
carried out under this part in light of
available information regarding the current and
anticipated energy and weatherization needs of
low-income persons within the State; and
(3) be terminated or discontinued during the
application period only in accordance with policies and
procedures consistent with the policies and procedures
set forth in section 418.
(c)(1) Except as provided in paragraphs (3) and (4), the
expenditure of financial assistance provided under this part
for labor, weatherization materials, and related matters shall
not exceed an average of [$6,500] $10,000 per dwelling unit
weatherized in that State. Labor, weatherization materials, and
related matter includes, but is not limited to--
(A) the appropriate portion of the cost of tools and
equipment used to install weatherization materials for
a dwelling unit;
(B) the cost of transporting labor, tools, and
materials to a dwelling unit;
(C) the cost of having onsite supervisory personnel;
(D) the cost of making incidental repairs to a
dwelling unit if such repairs are necessary to make the
installation of weatherization materials effective, and
(E) the cost of making heating and cooling
modifications, including replacement
[(2) Dwelling units partially weatherized under this part or
under other Federal programs during the period September 30,
1975, through September 30, 1994, may receive further financial
assistance for weatherization under this part.]
(2) Dwelling units weatherized (including dwelling units
partially weatherized) under this part, or under other Federal
programs (in this paragraph referred to as ``previous
weatherization''), may not receive further financial assistance
for weatherization under this part until the date that is 15
years after the date such previous weatherization was
completed. This paragraph does not preclude dwelling units that
have received previous weatherization from receiving assistance
and services (including the provision of information and
education to assist with energy management and evaluation of
the effectiveness of installed weatherization materials) other
than weatherization under this part or under other Federal
programs, or from receiving non-Federal assistance for
weatherization.
(3) Beginning with fiscal year 2000, the dwelling unit
averages provided in paragraphs (1) and (4) shall be adjusted
annually by increasing the average amount by an amount equal
to--
(A) the average amount for the previous fiscal year,
multiplied by
(B) the lesser of (i) the percentage increase in the
Consumer Price Index (all items, United States city
average) for the most recent calendar year completed
before the beginning of the fiscal year for which the
determination is being made, or (ii) three percent.
(4) The expenditure of financial assistance provided under
this part for labor, weatherization materials, and related
matters for a renewable energy system shall not exceed an
average of $3,000 per dwelling unit.
(5)(A) The Secretary shall by regulations--
(i) establish the criteria which are to be used in
prescribing performance and quality standards under
paragraph (6)(A)(ii) or in specifying any form of
renewable energy under paragraph (6)(A)(i)(I); and
(ii) establish a procedure under which a manufacturer
of an item may request the Secretary to certify that
the item will be treated, for purposes of this
paragraph, as a renewable energy system.
(B) The Secretary shall make a final determination with
respect to any request filed under subparagraph (A)(ii) within
1 year after the filing of the request, together with any
information required to be filed with such request under
subparagraph (A)(ii).
(C) Each month the Secretary shall publish a report of any
request under subparagraph (A)(ii) which has been denied during
the preceding month and the reasons for the denial.
(D) The Secretary shall not specify any form of renewable
energy under paragraph (6)(A)(i)(I) unless the Secretary
determines that--
(i) there will be a reduction in oil or natural gas
consumption as a result of such specification;
(ii) such specification will not result in an
increased use of any item which is known to be, or
reasonably suspected to be, environmentally hazardous
or a threat to public health or safety; and
(iii) available Federal subsidies do not make such
specification unnecessary or inappropriate (in the
light of the most advantageous allocation of economic
resources).
(6) In this subsection--
(A) the term ``renewable energy system'' means a
system which--
(i) when installed in connection with a
dwelling, transmits or uses--
(I) solar energy, energy derived from
the geothermal deposits, energy derived
from biomass, or any other form of
renewable energy which the Secretary
specifies by regulations, for the
purpose of heating or cooling such
dwelling or providing hot water or
electricity for use within such
dwelling; or
(II) wind energy for nonbusiness
residential purposes;
(ii) meets the performance and quality
standards (if any) which have been prescribed
by the Secretary by regulations;
(iii) in the case of a combustion rated
system, has a thermal efficiency rating of at
least 75 percent; and
(iv) in the case of a solar system, has a
thermal efficiency rating of at least 15
percent; and
(B) the term ``biomass'' means any organic matter
that is available on a renewable or recurring basis,
including agricultural crops and trees, wood and wood
wastes and residues, plants (including aquatic plants),
grasses, residues, fibers, and animal wastes, municipal
wastes, and other waste materials.
(d) Beginning with fiscal year 1992, the Secretary may
allocate funds appropriated pursuant to section 422(b) to
provide supplementary financial assistance to those States
which the Secretary determines have achieved the best
performance during the previous fiscal year in achieving the
purposes of this part. In making this determination, the
Secretary shall--
(1) consult with the State Energy Advisory Board
established under section 365(g) of the Energy Policy
and Conservation Act; and
(2) give priority to those States which, during such
previous fiscal year, obtained a significant portion of
income from non-Federal sources for their
weatherization programs or increased significantly the
portion of low-income weatherization assistance that
the State obtained from non-Federal sources.
(e)(1)(A) Beginning with fiscal year 1992, the Secretary may
allocate, from funds appropriated pursuant to section 422(b),
among the States an equal amount for each State not to exceed
$100,000 per State. Each State shall make available amounts
received under this subsection to provide supplementary
financial assistance to recipients of grants under this part
that have achieved the best performance during the previous
fiscal year in advancing the purposes of this part.
(B) None of the funds made available under this subsection
may be used by any State for administrative purposes.
(2) The Secretary shall, after consulting with the State
Energy Advisory Board referred to in subsection (d)(1),
prescribe guidelines to be used by each State in making
available supplementary financial assistance under this
subsection, with a priority being given to subgrantees that, by
law or through administrative or other executive action,
provided non-Federal resources (including private resources) to
supplement Federal financial assistance under this part during
the previous fiscal year.
* * * * * * *
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized:
Rescissions
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department or Activity Amount
Department of Energy: Energy Efficiency and Renewable Energy..$2,240,293
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Energy and Water Development and Related Agencies
Appropriations Act, 2021:
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on February 5, 2020,
entitled ``Department of Energy's Role in Advancing Biomedical
Sciences.'' The Subcommittee received testimony from:
Dr. Harold Varmus, Lewis Thomas University Professor, Weill
Cornell Medicine
Dr. Mark Chance, Director of the Center for Proteomics and
Bioinformatics School of Medicine, Case Western University
Dr. Narayanan ``Bobby'' Kasthuri, Neuroscientist, Argonne
National Laboratory
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on February 27, 2020,
entitled ``Department of Energy's Fiscal Year 2021 Budget
Request.'' The Subcommittee received testimony from:
The Honorable Dan Brouillette, Secretary, Department of
Energy
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 3, 2020,
entitled ``Department of Energy's Fiscal Year 2021 Budget
Request for the Applied Energy Programs.'' The Subcommittee
received testimony from:
The Honorable Bruce Walker, Assistant Secretary for
Electricity
The Honorable Daniel Simmons, Assistant Secretary for
Energy Efficiency and Renewable Energy
The Honorable Steven Winberg, Assistant Secretary for
Fossil Energy
The Honorable Rita Baranwal, Assistant Secretary for
Nuclear Energy
Mr. Alexander Gates, Senior Advisor for Cybersecurity,
Energy Security, and Emergency Response
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 4, 2020,
entitled ``Department of Energy's Fiscal Year 2021 Budget
Request for the National Nuclear Security Administration.'' The
Subcommittee received testimony from:
The Honorable Lisa E. Gordon-Hagerty, Under Secretary for
Nuclear Security & Administrator, National Nuclear Security
Administration
The Honorable Charles Verdon, Deputy Administrator for
Defense Programs, National Nuclear Security Administration
The Honorable Brent Park, Deputy Administrator for Defense
Nuclear Nonproliferation, National Nuclear Security
Administration
Admiral James ``Frank'' Caldwell, Deputy Administrator for
Office of Naval Reactors, National Nuclear Security
Administration
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 10, 2020,
entitled ``U.S. Army Corps of Engineers and Bureau of
Reclamation's Budget Request for Fiscal Year 2021.'' The
Subcommittee received testimony from:
The Honorable R.D. James, Assistant Secretary of the Army
for Civil Works, Army Corps of Engineers
Lieutenant General Todd Semonite, Commanding General and
Chief of Engineers, Army Corps of Engineers
The Honorable Timothy Petty, Ph.D., Assistant Secretary for
Water and Science, Department of the Interior
The Honorable Brenda Burman, Commissioner, Bureau of
Reclamation
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 11, 2020,
entitled ``Department of Energy's Fiscal Year 2021 Budget
Request for Environmental Management, Science, and ARPA-E.''
The Subcommittee received testimony from:
The Honorable Lane Genatowski, Director, ARPA-E
The Honorable Chris Fall, Director, Office of Science
Mr. William (Ike) White, Senior Advisor to the Under
Secretary of Science for Environmental Management
The Subcommittee on Energy and Water Development and
Related Agencies held a Member Day Hearing on March 25, 2020.
While the formal hearing was cancelled due to health concerns,
the Subcommittee accepted written testimony for the record
regarding Fiscal Year 2021 appropriations. The Subcommittee
received testimony from:
The Honorable Bill Foster, Member of Congress
The Honorable Jenniffer Gonzalez-Colon, Member of Congress
The Honorable Garret Graves, Member of Congress
The Honorable H. Morgan Griffith, Member of Congress
The Honorable Brian Mast, Member of Congress
The Honorable Jimmy Panetta, Member of Congress
The Honorable Robert Wittman, Member of Congress
The Subcommittee on Energy and Water Development and
Related Agencies held a Public Witness Hearing on March 31,
2020. While the formal hearing was cancelled due to health
concerns, the Subcommittee accepted written testimony for the
record regarding Fiscal Year 2021 appropriations. The
Subcommittee received testimony from:
Ted O'Shea, Vice President, Energy, ABM Industries
Kumi Premathilake, Senior Vice President, Advanced Metering
Infrastructure, Aclara Technologies LLC
Ben Evans, Vice President of Public Affairs, Alliance to
Save Energy
Dr. Megan Donahue, President, American Astronomical Society
R. Neal Elliott, Ph.D., P.E., Senior Director for Research,
American Council for an Energy-Efficient Economy
Tom Wilson, Vermont State Coordinator, Citizens' Climate
Lobby
Brittany Webster, Program Manager, Public Affairs, American
Geophysical Union
Carrie L. Billy, J.D., President and CEO, American Indian
Higher Education Consortium
Craig H. Piercy, Executive Director and CEO, American
Nuclear Society
Derek Brockbank, Executive Director, American Shore & Beach
Preservation Association
Allen Segal, Director of Public Policy and Advocacy,
American Society for Microbiology
Nicholas J. Goeser, CEO, Alliance of Crop, Soil, and
Environmental Science Societies
Crispin Taylor, PhD, Chief Executive Officer, American
Society of Plant Biologists
James Broderick, Executive Director, Southeastern Colorado
Water Conservancy District
Chad Berginnis, Executive Director, Association of State
Floodplain Managers
Lisa Jacobson, President, Business Council for Sustainable
Energy
Shannon Angielski, Executive Director, Carbon Utilization
Research Council
Theodore C. Cooke, General Manager, Central Arizona Water
Conservation District
Harlan Baker, Chairman, Chippewa Cree Tribe of the Rocky
Boy's Reservation, Montana
Don A. Barnett, Executive Director, Colorado River Basin
Salinity Control Forum
Christopher S. Harris, Executive Director, Colorado River
Board of California
Vicky Scharlau, Executive Director, Columbia Basin
Development League
Jeremy Red Star Wolf, Chairman, Columbia River Inter-Tribal
Fish Commission
Steve Skodak, President and CEO, Building Performance
Association
Stephen Cowell, President, E4TheFuture
Larry Zarker, CEO, Building Performance Institute
Genevieve Cullen, President, Electric Drive Transportation
Association
Jason Burwen, Vice President of Policy, Energy Storage
Association
Daniel Bresette, Executive Director, Environmental and
Energy Study Institute
Elgie Holstein, Senior Director for Strategic Planning,
Environmental Defense Fund
Jennifer Schafer, Executive Director, Federal Performance
Contracting Coalition
Benjamin H. Krinsky, PhD, Associate Director for
Legislative Affairs, Federation of American Societies for
Experimental Biology
Mitch Jones, Policy Director, Food & Water Action
Jason Phillips, Chief Executive Officer, Friant Water
Authority
Morry B. Markowitz, President, Fuel Cell and Hydrogen
Energy Association
Robert Johnson, Senior Vice President, Hannon Armstrong
Evangeline Kissoon, Chairwoman, The Havasupai Tribe
Colin Cunliff, Senior Policy Analyst, Information
Technology and Innovation Foundation
Gabe Maser, Vice President for Government Relations,
International Code Council
Jared Mott, Conservation Director, Izaak Walton League of
America
James D. Ogsbury, Executive Director, Western Governors'
Association
Maria Korsnick, President and Chief Executive Officer,
Nuclear Energy Institute
Jeffrey Kightlinger, General Manager, The Metropolitan
Water District of Southern California
James B. Horan, Executive Director, Mid-West Electric
Consumers Association
Ron Blacksmith, Core System Manager, Oglala Sioux Rural
Water Supply System
Young Colombe, Manager, Rosebud Sioux Rural Water System
Jim McCauley, Manager, Lower Brule Sioux Rural Water System
David Terry, Executive Director, National Association of
State Energy Officials
Amy Klusmeier, WAP Director, National Association for State
Community Services Programs
Jehmal Hudson, Vice President of Government Affairs,
National Hydropower Association
Paul Arrington, Executive Director, Idaho Water Users
Association
Grant Carlisle, Senior Policy Advisor, Climate and Clean
Energy Program, Natural Resources Defense Council
Arjun Krishnaswami, Policy Analyst, Natural Resources
Defense Council
Anjee Toothaker, Legal Assistant, Nez Perce Tribe
Katrina McMurrian, Executive Director, Nuclear Waste
Strategy Coalition
April Snell, Executive Director, Oregon Water Resources
Congress
Robin LeBaron, Co-Founder, President and COO, Pearl
Certification
Jennifer M. Storipan, Esq., Executive Director, Puerto Rico
Federal Affairs Administration
Dr. Lisa Fauci, President, Society for Industrial and
Applied Mathematics
Jimmy Hague, Senior Water Policy Advisor, The Nature
Conservancy
Stephen Young, Washington Representative, Global Security
Program, Union of Concerned Scientists
Brian Bledsoe, PH.D, P.E., Director of the Institute for
Resilient Infrastructure, University of Georgia
Greg Fogel, Policy Director, WateReuse Association
Richard Bajura, GOCEP Division Manager, West Virginia
University Energy Institute
Nickolas Roth, Director, Nuclear Security Program, Stimson
Center
Matthew Bunn, Professor of Practice, Harvard University
William H. Tobey, Senior Fellow, Belfer Center for Science
and International Affairs, Harvard University
Scott Revell, General Manager, Roza Irrigation District
MINORITY VIEWS
We appreciate the collegial manner the Majority worked to
address issues of importance to Members of both sides of the
aisle in the Energy and Water Development and Related Agencies
Appropriations Bill, 2021, and accompanying report.
Unfortunately, due to concerns about spending levels and policy
decisions contained in the bill, we are unable to support the
bill as written at this time.
The bill continues significant funding for our nation's
water resources infrastructure. Almost every congressional
district across the country benefits in some way from the
important work of the Corps of Engineers and the Bureau of
Reclamation. These agencies are responsible for projects that
protect the public and property from floods and hurricanes,
generate and sustain millions of jobs related to ports and
waterways, and provide significant sources of drinking water
and irrigation water for our communities, farmers, and
ranchers.
Republican Members of the Committee supported efforts to
improve the way the bill addresses water supply reliability. At
the request of Congressman Ken Calvert, the manager's amendment
increased funding for Water Infrastructure Improvements for the
Nation (WIIN) Act water storage projects. We are disappointed,
however, with the Majority's decision to ignore opportunities
to enhance water security in the drought-prone West. The
Committee received Department of the Interior recommendations
for ten water storage projects, yet the Majority listed only
nine projects and included language that effectively delays
these projects for likely a year or more. Two amendments by
Congressman Calvert to include the tenth project, the Shasta
Dam and Reservoir Enlargement project, and to strike the
restriction on the nine listed projects were defeated.
The bill provides increased funding for basic science
research within the Department of Energy's Office of Science,
which is important to keep the national laboratories and
America's researchers at the forefront of global scientific
discovery.
Unfortunately, the bill includes several provisions that
undermine the defense and nondefense spending levels agreed to
in last year's bipartisan budget deal. Specifically, the
$43,500,000,000 in emergency spending almost doubles the cost
of the bill. We cannot support this additional spending until
there is serious discussion with Members on our side of the
aisle.
Within the non-emergency spending provisions, we are
concerned that the bill does not appropriately allocate funding
for the Department of Energy's national security or applied
energy research and development programs.
We acknowledge that the bill increases funding for the
nuclear weapons program above last year's enacted level. The
increase, however, is barely more than one-third of the
increase proposed in the budget request, short-changing the
program by almost $2,000,000,000. After years of disinvestment
following the end of the Cold War, our nuclear weapons
infrastructure is in serious need of repair. We must provide
the funding necessary to ensure our ability to deter a nuclear
attack remains reliable and effective.
The bill also departs from previous efforts to fund an all-
of-the-above energy strategy by increasing energy efficiency
and renewable energy programs while delivering some of the
largest cuts in the bill to the nuclear energy and fossil
energy programs. In several places, the report expresses the
Majority's intent to address climate change. Yet that intent is
undermined by the decision to cut funding for nuclear energy, a
carbon-free, baseload source of power.
In addition to funding concerns, Republican Members of the
Committee were disappointed to see numerous policy riders and
unrelated authorizing provisions in the bill. House Republicans
will continue to work to address these issues as the
appropriations process continues.
Finally, we are concerned that the bill does not include
any funding to advance the Yucca Mountain license application
process and instead offers a false promise of interim storage
as a solution to the nuclear waste issue. Continuing--and
completing--the licensing process is how we ensure an
authoritative scientific decision is made on the safety of
Yucca Mountain.
Despite our disagreements over the issues discussed above,
we appreciate the Majority's willingness to address Member
priorities in the bill and report. The Subcommittee has a
longstanding tradition of bipartisanship, and we will continue
to work in good faith with our colleagues as we proceed through
the appropriations process. By working together, we can best
address the needs of the Nation.
Kay Granger.
Michael K. Simpson.