HB 4923 Energy and Water Development and Related Agencies Appropriations Act, 2015

About HB-4923

Highlights: The Energy and Water Development and Related Agencies Appropriations Act, 2015 provides FY2015 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 a number of independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission. Full Summary: Energy and Water Development and Related Agencies Appropriations Act, 2015 - Makes appropriations for energy and water development and related agencies for FY2015. Title I: Corps of Engineers-Civil - Appropriates funds to the Department of the Army, Corps of Engineers-Civil, for authorized civil functions pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. Makes appropriations for:

• (1) investigations;
• (2) construction;
• (3) Mississippi River and tributaries, including flood damage reduction projects and related efforts 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 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

Section 101

Prohibits the availability of funds for obligation or expenditure through a reprogramming that would:

• (1) create, initiate, or eliminate a new program, project, or activity;
• (2) eliminate an existing program, project, or activity;
• (3) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act;
• (4) reduce funds directed for use for a specific program, project, or activity; or
• (5) increase or reduce funds by more than $2 million or 10%, whichever is less

Section 102

Prohibits funds made available in this title from being used to award or modify any 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.

Section 103

Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986.

Section 104

Authorizes the transfer of up to $4.7 million in operation and maintenance funds to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects.

Section 105

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).

Section 106

Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Clean Water Act.

Section 107

Prohibits the Secretary of the Army from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm at a water resources development project if:

• (1) the individual is not otherwise prohibited by law from possessing the firearm, and
• (2) such possession complies with the law of the state in which the project is located

Title II: Department of the Interior - Makes appropriations for FY2015 to the Department of the Interior for:

• (1) the Central Utah Project;
• (2) the Bureau of Reclamation, including for water and related resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and for policy and administrative expenses in the Office of the Commissioner, the Denver office, and offices in the Bureau's five regions

Section 201

Prohibits the availability of funds for obligation or expenditure through a reprogramming that would:

• (1) create or initiate a new program, project, or activity;
• (2) eliminate an existing program, project, or activity;
• (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act; or
• (4) restart or resume any program, project, or activity for which funds are not provided in this Act unless prior approval is received from the congressional appropriations committees

Prohibits funds for any reprogramming that transfers funds in excess of:

• (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or
• (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year

Prohibits funds for any reprogramming that transfers more than:

• (1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or
• (2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, when necessary to discharge legal obligations of the Bureau of Reclamation

Section 202

Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA), to minimize any detrimental effect of the San Luis drainage waters. Directs the Secretary of the 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. Title III: Department of Energy - Makes appropriations for FY2015 to the Department of Energy (DOE) for energy programs, including:

• (1) energy efficiency and renewable energy;
• (2) electricity delivery and energy reliability;
• (3) nuclear energy;
• (4) fossil energy research and development;
• (5) naval petroleum and oil shale reserves;
• (6) the Elk Hill School Lands Fund;
• (7) the Strategic Petroleum Reserve (SPR);
• (8) the Northeast Home Heating Oil Reserve;
• (9) the Energy Information Administration; (10) non-defense environmental cleanup; (11) the Uranium Enrichment Decontamination and Decommissioning Fund; (12) science activities; (13) nuclear waste disposal; (14) the Advanced Research Projects Agency-Energy (ARPA-E); (15) the Title 17 Innovative Technology Loan Guarantee Loan Program; (16) the Advanced Technology Vehicles Manufacturing Loan Program; (17) departmental administration; and (18) the Office of the Inspector General

Rescinds $6.6 million in unobligated balances from the clean coal technology account, excluding any amounts designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Makes appropriations for FY2015 to DOE for atomic energy defense activities of the National Nuclear Security Administration, including for Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and the Office of the Administrator. Makes appropriations for FY2015 to DOE for environmental and other defense activities for Defense Environmental Cleanup and Other Defense Activities. Makes FY2015 appropriations for the Power Marketing Administrations, including

• (1) Bonneville Power Administration Fund expenditures for the Black Canyon Trout Hatchery and official reception and representation expenses;
• (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

Makes FY 2015 appropriations for the Federal Energy Regulatory Commission (FERC).

Section 301

Prohibits the use of funds provided in this title to initiate requests for proposals or similar arrangements for new programs, projects, or activities that have not been funded by the Congress. Requires notification or a report for certain funding actions. Prohibits funds from being used for certain multiyear DOE-Energy Programs activities unless certain conditions are met and the congressional appropriations committees are notified. Prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances.

Section 302

Permits unexpended balances of prior appropriations provided for activities in this Act to be transferred and merged with appropriations accounts established in this Act.

Section 303

Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2015 until the enactment of the Intelligence Authorization Act for FY2015.

Section 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.

Section 305

Prohibits the use of funds made available in this title to approve certain critical decisions under a specified DOE Order for construction projects where the total project cost exceeds $100 million until a separate independent cost estimate has been developed.

Section 306

Requires that determinations made by the Secretary of Energy with respect to certain uranium sales and transfers remain valid for not more than two calendar years. Requires the Secretary of Energy to provide a report to specified congressional committees detailing the amount of uranium to be provided, the gross fair market value, the expected date of the provision of the uranium, the recipient, and the value expected to be received for the uranium. Requires the Secretary to make a new determination if certain conditions occur related to a decrease in value of the uranium on the expected date of provision.

Section 307

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.

Section 308

Requires the Secretary of Energy to submit to the congressional defense committees a report that provides an analysis of alternatives for major warhead refurbishment programs that reach a certain stage.

Section 309

Rescinds unobligated balances available from prior year appropriations from several DOE accounts, excluding any amounts in the accounts that Congress designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

Section 310

Permits certain funds made available by this Act to be transferred to Defense Environmental Cleanup to support decontamination and other requirements at the Waste Isolation Pilot Plant.

Section 311

Prohibits defense nuclear nonproliferation funds from being used for contracts with or federal assistance to the Russian Federation. Permits the Secretary of Energy to waive the prohibition if the Secretary determines that the activity is in the national security interests of the United States and submits a report justifying the waiver to the congressional appropriations committees.

Section 312

Rescinds balances from the United States Enrichment Corporation Fund, excluding any amounts that Congress designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

Section 313

Prohibits funds from being used to carry out a test drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve (SPR) as authorized by the Energy Policy and Conservation Act unless the Secretary of Energy submits to the congressional appropriations committees in advance:

• (1) notification of the intent to conduct a test,
• (2) an explanation of why the test is necessary and what is expected to be learned,
• (3) the amount of crude oil or petroleum product to be offered for sale or exchange,
• (4) an estimate of the expected revenues, and
• (5) a plan for refilling the SPR

Prohibits funds available in the SPR petroleum account from being used to acquire any petroleum product other than crude oil.

Section 314

Prohibits funds that the Secretary of Energy authorizes for laboratory directed research and development from being used to charge any individual program, project, or activity more than the statutory maximum authorized for such activities.

Section 315

Prohibits DOE from using funds provided by this Act to finalize, implement, or enforce the proposed rule entitled "Standards Ceiling Fans and Ceiling Fan Light Kits." Title IV: Independent Agencies - Makes FY2015 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), and
• (8) the Nuclear Waste Technical Review Board

Section 401

Requires the NRC Chairman to notify specified congressional committees not later than one day after the Chairman begins performing specified functions under the Reorganization Plan No. 1 of 1980, or after a member of the NRC who was delegated emergency functions under that Plan begins performing those functions.

Section 402

Requires the NRC to comply with certain internal procedures when responding to congressional requests for information until the procedures have been changed or waived by a majority of the NRC. Title V: General Provisions -

Section 501

Prohibits funds provided by this Act from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

Section 502

Prohibits the use of funds to enter into certain financial arrangements with any corporation that was convicted of a federal felony criminal violation within the preceding 24 months if the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and determined that further action is not necessary to protect government interests.

Section 503

Prohibits the use of funds to enter into certain financial arrangements with any corporation that has delinquent federal tax liability if the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and determined that further action is not necessary.

Section 504

Prohibits funds made available for the Department of Energy in this Act from being transferred to any federal department, agency, or instrumentality, except pursuant to certain statutory transfer authorities or any authority whereby a federal department, agency, or instrumentality may provide goods or services to another such entity. Requires the head of a department or agency funded in this Act that utilizes any transfer authority to provide a semiannual report detailing such transfer authority to the congressional appropriations committees.

Section 505

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).

Section 506

Prohibits the use of funds:

• (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

Section 507

Establishes a spending reduction account consisting of the amount by which each applicable allocation of new budget authority made by the Committee on Appropriations of the House exceeds the amount of proposed new budget authority under the Congressional Budget Act of 1974.

Section 508

Prohibits funds made available by this Act from being used in contravention of sections of the USEC Privatization Act related to the United States Enrichment Corporation and the sale or transfer of uranium.

Section 509

Prohibits funds made available by this Act from being used in contravention of certain laws related to the protection of contractors who disclose information as whistleblowers.

Section 510

Prohibits funds made available by this Act from being used to award contracts to corporations incorporated or chartered in Bermuda or the Cayman Islands if they were previously incorporated in the United States.

Section 511

Prohibits funds made available by this Act from being used to prepare, propose, or promulgate any regulation that relies on analysis contained in several technical support documents related to the social cost of carbon.

Section 512

Prohibits DOE from using funds made available by this Act to apply the report entitled "Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States" in any public interest determination by the Federal Power Commission authorizing the import or export of natural gas under section 3 of the Natural Gas Act.

Section 513

Prohibits funds made available by this Act from being used to lease or purchase new light duty vehicles for any executive fleet inventory except in accordance with a specific Presidential Memorandum related to federal fleet performance.

Section 514

Prohibits funds made available by this Act from being used to award contracts to contractors who have disclosed certain violations of the Fair Labor Standards Act.

Section 515

Prohibits funds made available by this Act from being used to award a contract to a company currently indicted or previously convicted of certain crimes, or that has delinquent taxes of more than $3,000.

Section 516

Prohibits funds made available by this Act from being used for a study of Missouri River Projects authorized in the Energy and Water Development and Related Agencies Appropriations Act, 2009.

Section 517

Prohibits the Army Corps of Engineers from using funds made available by this Act to continue the study of the Missouri River and its tributaries, authorized by the Water Resources Development Act of 2007 to determine actions required to mitigate losses of aquatic and terrestrial habitat, recover federally listed endangered species, and restore the ecosystem.

Section 518

Prohibits funds made available by this Act from being used to implement, administer, or enforce the FERC order entitled "Order Accepting Proposed Tariff Revisions and Establishing a Technical Conference."

Section 519

Prohibits the Army Corps of Engineers from using funds made available by this Act to implement or enforce the "Modified Charleston Method" methodology for calculating wetlands mitigation in Louisiana.

Section 520

Prohibits funds made available by this Act from being used for a DOE funding opportunity announcement "Sustainable Cities: Urban Energy Planning for Smart Growth in China and India."

Section 521

Prohibits funds made available by this Act from being used to pay the salary of any officer or employee to carry out a section of the Hoover Power Plant Act of 1984, as amended by the American Recovery and Reinvestment Act of 2009, that provided borrowing authority to the Western Area Power Administration for the purpose of developing new transmission lines to deliver power generated by renewable energy resources.

Section 522

Prohibits funds made available by this Act from being used to implement a section of the Energy Independence and Security Act of 2007 that authorized DOE to develop and conduct a national media campaign to increase energy efficiency, promote the national security benefits associated with energy efficiency, and decrease oil consumption in the United States.

Section 523

Prohibits funds made available by this Act from being used to transform, consolidate, or close the National Energy Technology Laboratory.

Section 524

Prohibits funds made available by this Act from being used for the Cape Wind Energy Project on the Outer Continental Shelf off of Nantucket Sound (Massachusetts).

Section 525

Prohibits funds made available by this Act from being used to implement, administer, or enforce an executive order related to the stewardship of oceans, coasts, and the Great Lakes, including the development of the National Ocean Policy.

Section 526

Prohibits funds made available by this Act from being used to award grants or provide funding for high-efficiency toilets or indoor water-efficient toilets.

Section 527

Prohibits funds made available by this Act from being used in contravention of a section of the Water Resources Development Act of 1986 related to prioritization of certain projects in the Great Lakes.

Section 528

Prohibits funds made available by this Act from being used to implement or enforce certain regulations and statutory provisions related to energy conservation standards for incandescent lamps.

Section 529

Prohibits funds made available by this Act from being used to regulate certain activities and exemptions identified in the Federal Water Pollution Control Act and related to the discharge of dredged or fill material.

Section 530

Prohibits DOE from using funds made available by this Act to block approval of offshore drilling permits.

Section 531

Prohibits funds made available by this Act from being used to design, implement, administer or carry out several programs, reports, and technical updates related to global climate change and the social cost of carbon.

Section 532

Prohibits funds made available by this Act from being used for DOE's Climate Model Development and Validation program.