(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
The Energy and Water Development and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the civil works projects of the U.S. Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation and Central Utah Project; the Department of Energy (DOE); and several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission.
The bill increases overall FY2016 Energy and Water Development funding above FY2015 levels and includes increases for both the Army Corps of Engineers and DOE.
Within the DOE budget, the bill:
The bill decreases funding below FY2015 levels for the Department of the Interior's Bureau of Reclamation.
Also included in the bill are provisions affecting policies on issues such as the definition of waters protected under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the definition of fill material under the Clean Water Act, the use of firearms by individuals at Army Corps of Engineers water resources development projects, the Yucca Mountain nuclear waste repository in Nevada, and the implementation of the National Ocean Policy.
Energy and Water Development and Related Agencies Appropriations Act, 2016
Provides FY2016 appropriations for energy and water development and related agencies.
TITLE I--CORPS OF ENGINEERS--CIVIL
Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.
Provides appropriations to the Corps of Engineers for: (1) Investigations; (2) Construction; (3) Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) Operation and Maintenance; (5) the Regulatory Program pertaining to navigable waters and wetlands; (6) the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination; (7) Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters; (8) Expenses necessary for the supervision and general administration of the civil works program; and (9) the Office of the Assistant Secretary of the Army for Civil Works.
(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) increase or reduce funds for specific projects, programs, or activities by more than $2 million or 10%, whichever is less.
Specifies exceptions and requires the Corps of Engineers to submit quarterly reports to Congress detailing all funds that have been reprogrammed.
(Sec. 102) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming pursuant to section 101.
(Sec. 103) Permits up to $4.7 million in Operation and Maintenance funds to be transferred to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects.
(Sec. 104) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(Sec. 105) Prohibits funds from being used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) including provisions of specified rules pertaining to the jurisdiction.
(Sec. 106) Prohibits funds made available by this bill from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities.
(Sec. 107) Permits individuals to possess firearms at Corps of Engineers water resources development projects if: (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm complies with the law of the state in which the project is located. (The Corps of Engineers currently prohibits private individuals from possessing firearms and other weapons at the projects unless the weapons are being used for hunting, at authorized shooting ranges, or with written permission of the Corps District Commander.)
(Sec. 108) Prohibits funds provided by this bill from being used for an open lake placement of dredged material originating from Lake Erie or tributaries, unless it is approved under a state water quality certification.
TITLE II--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Department of the Interior for the Central Utah Project; and the Bureau of Reclamation, including for Water and Related Resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and Policy and Administration.
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(Sec. 201) Prohibits funds provided in this title from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress.
(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the EPA.
Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.
Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.
(Sec. 203) Sets forth deadlines for Interior to complete specified feasibility studies required by the Water Supply, Reliability, and Environmental Improvement Act for water storage projects in California.
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:
Provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, including for Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses.
Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities.
Provides appropriations to DOE for the Power Marketing Administrations, including (1) the Bonneville Power Administration Fund; (2) Southeastern Power Administration Operation and Maintenance; (3) Southwestern Power Administration Operation and Maintenance; (4) Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and (5) the Falcon and Amistad Operating and Maintenance Fund.
Provides appropriations for the Federal Energy Regulatory Commission.
(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress. Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance. Prohibits funds from being used for certain multiyear DOE, Energy Programs activities unless specified conditions are met and Congress is notified. Establishes requirements and restrictions for the reprogramming of funds provided in this title.
(Sec. 302) Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill.
(Sec. 303) Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.
(Sec. 304) Prohibits the use of funds made available in this title to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements.
(Sec. 305) Prohibits the use of funds provided in this title to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed.
(Sec. 306) Prohibits funds made available for Department of Energy, Energy Programs, Science from being used for any multiyear contract, grant, cooperative agreement, or other transaction agreement of $1 million or less unless the agreement is funded for the full period of performance anticipated at the time of award.
(Sec. 307) Prohibits Defense Nuclear Nonproliferation funds from being used for contracts with or agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress.
(Sec. 308) Prohibits funds from being used to carry out a drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve (SPR) unless DOE notifies Congress in advance. Specifies requirements for the notification DOE submits to Congress.
Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress.
(Sec. 309) Permits up to $50 million of the funds provided to the National Nuclear Security Administration for Weapons Activities to be reprogrammed for Domestic Uranium Enrichment.
(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for FY2005-FY2010.
TITLE IV--INDEPENDENT AGENCIES
Provides appropriations to: (1) the Appalachian Regional Commission, (2) the Defense Nuclear Facilities Safety Board, (3) the Delta Regional Authority, (4) the Denali Commission, (5) the Northern Border Regional Commission, (6) the Southeast Crescent Regional Commission, (7) the Nuclear Regulatory Commission (NRC), (8) the Nuclear Waste Technical Review Board, and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government.
Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred.
(Sec. 503) Prohibits the use of funds to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).
(Sec. 504) Prohibits the use of funds provided by this bill: (1) to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain (Nevada) geologic repository license application; or (2) for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future.
(Sec. 505) Prohibits funds provided by this bill from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes.)
(Sec. 506) Establishes a spending reduction account for the amount by which the subcommittee's allocation under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority in the bill. Specifies that the amount is $0.