[House Report 114-532]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-532
======================================================================
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL, 2017
_______
April 26, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Simpson, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 5055]
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, 2017, and for other purposes.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page Number
Bill Report
Introduction...............................................
5
I. Department of Defense--Civil: 2
10
Corps of Engineers--Civil.......................... 2
10
Investigations............................. 2
18
Construction............................... 3
26
Mississippi River and Tributaries.......... 5
32
Operation and Maintenance.................. 5
35
Regulatory Program......................... 7
58
Formerly Utilized Sites Remedial Action
Program................................ 7
60
Flood Control and Coastal Emergencies...... 7
60
Expenses................................... 8
61
Office of the Assistant Secretary of the
Army (Civil Works)..................... 9
62
General Provisions................................. 9
62
II. Department of the Interior: 14
63
Central Utah Project............................... 14
63
Central Utah Project Completion Account.... 14
63
Bureau of Reclamation: 15
63
Water and Related Resources................ 15
64
Central Valley Project Restoration Fund.... 17
75
California Bay-Delta Restoration........... 17
75
Policy and Administration.................. 18
76
General Provisions......................... 19
76
III. Department of Energy: 43
77
Introduction.......................................
77
Committee Recommendations..........................
81
Energy Programs: 43
82
Energy Efficiency and Renewable Energy..... 43
82
Electricity Delivery and Energy Reliability 44
89
Nuclear Energy............................. 44
90
Fossil Energy Research and Development..... 45
93
Office of Technology Transistions.......... 45
96
Naval Petroleum and Oil Shale Reserves..... 46
97
Strategic Petroleum Reserve................ 46
97
Northeast Home Heating Oil Reserve......... 46
98
Energy Information Administration.......... 46
98
Non-Defense Environmental Cleanup.......... 47
98
Uranium Enrichment Decontamination and
Decommissioning Fund................... 47
99
Science.................................... 48
100
Nuclear Waste Disposal..................... 48
105
Advanced Research Projects Agency--Energy.. 49
105
Title 17 Innovative Technology Loan
Guarantee Program...................... 49
106
Advanced Technology Vehicles Manufacturing
Loan Program........................... 50
106
Departmental Administration................ 50
107
Office of the Inspector General............ 51
108
Atomic Energy Defense Activities: 52
108
National Nuclear Security Administration: 52
108
Weapons Activities......................... 52
109
Defense Nuclear Nonproliferation........... 53
114
Naval Reactors............................. 54
117
Federal Salaries and Expenses.............. 54
117
Environmental and Other Defense Activities: 54
118
Defense Environmental Cleanup.............. 54
118
Other Defense Activities................... 55
120
Power Marketing Administrations: 56
120
Bonneville Power Administration............ 56
120
Southeastern Power Administration.......... 56
121
Southwestern Power Administration.......... 57
121
Western Area Power Administration.......... 59
121
Falcon and Amistad Operating and
Maintenance Fund....................... 60
122
Federal Energy Regulatory Commission............... 62
123
Committee Recommendation...........................
123
General Provisions................................. 63
157
IV. Independent Agencies: 70
157
Appalachian Regional Commission.................... 70
157
Defense Nuclear Facilities Safety Board............ 71
158
Delta Regional Authority........................... 71
158
Denali Commission.................................. 71
159
Northern Border Regional Commission................ 72
159
Southeast Crescent Regional Commission............. 72
159
Nuclear Regulatory Commission...................... 72
159
Nuclear Waste Technical Review Board............... 75
162
V. General Provisions: 77
163
House of Representatives Report Requirements...............
163
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are
contained in the Budget of the United States Government, Fiscal
Year 2017. The following table summarizes appropriations for
fiscal year 2016, the budget estimates, and amounts recommended
in the bill for fiscal year 2017.
INTRODUCTION
The Energy and Water Development Appropriations bill for
fiscal year 2017 totals $37,444,000,000, $259,010,000 above the
amount appropriated in fiscal year 2016 and $167,815,000 above
the President's budget request. Total defense funding is
$19,044,000,000, $184,010,000 above the amount appropriated in
fiscal year 2016 and $299,478,000 below the budget request.
Total non-defense funding is $18,400,000,000, $75,000,000 above
the amount appropriated in fiscal year 2016 and $467,293,000
above the budget request.
Title I of the bill provides $6,089,330,000 for the Civil
Works programs of the U.S. Army Corps of Engineers,
$100,330,000 above fiscal year 2016 and $1,469,330,000 above
the budget request. Total funding for activities eligible for
reimbursement from the Harbor Maintenance Trust Fund is
estimated at $1,263,000,000, which is the same as fiscal year
2016 and $312,000,000 above the budget request. The bill makes
use of all estimated annual revenues from the Inland Waterways
Trust Fund.
Title II provides $1,144,578,000 for the Department of the
Interior and the Bureau of Reclamation, $130,422,000 below
fiscal year 2016 and $32,819,000 above the budget request. The
Committee recommends $1,133,578,000 for the Bureau of
Reclamation, $131,422,000 below fiscal year 2016 and
$27,419,000 above the budget request. The Committee recommends
$11,000,000 for the Central Utah Project, $1,000,000 above
fiscal year 2016 and $5,400,000 above the budget request.
Title III provides $29,962,889,000 for the Department of
Energy, $245,611,000 above fiscal year 2016 and $1,541,014,000
below the budget request. Funding for the National Nuclear
Security Administration (NNSA), which includes nuclear weapons
activities, defense nuclear nonproliferation, naval reactors,
and federal salaries and expenses, is $12,853,570,000,
$327,058,000 above fiscal year 2016 and $22,030,000 below the
budget request.
Funding for energy programs within the Department of
Energy, which includes basic science research and the applied
energy programs, is $11,082,635,000, $56,030,000 above fiscal
year 2016 and $1,256,796,000 below the budget request. The
Committee recommends $5,400,000,000 for the Office of Science,
$1,825,000,000 for Energy Efficiency and Renewable Energy;
$1,011,616,000 for Nuclear Energy; $645,000,000 for Fossil
Energy; and $305,889,000 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 $6,152,235,000, $66,256,000 below fiscal year 2016 and
$543,385,000 above the budget request.
Funding for the Power Marketing Administrations is provided
at the requested levels.
Title IV provides $363,203,000 for several Independent
Agencies, $21,491,000 above fiscal year 2016 and $51,580,000
above the budget request. Net funding for the Nuclear
Regulatory Commission is $149,268,000, $32,132,000 above fiscal
year 2016 and $30,266,000 above the budget request.
Overview of the Recommendation
The Committee recommendation continues the strong
investments in American infrastructure contained in the fiscal
year 2016 Act. The recommendation rejects the Administration's
ill-considered request to cut approximately $1,153,000,000 from
critical Corps efforts to keep the nation's rivers and ports
dredged and to protect farmland and cities from flooding. Such
a reduction would have a detrimental impact on the nation's
economic competitiveness and defenses against flooding. The
Committee strongly encourages the Administration to request a
fiscal year 2018 budget that recognizes and supports these
critical missions of the Corps.
The recommendation also includes significant support to
ensure the short- and long-term supply of affordable, clean
energy and the stability of the nation's electrical
infrastructure. This portfolio builds upon this country's
significant fossil, nuclear, and renewable energy resources to
strengthen American energy independence.
National Defense Programs
As in previous years, the Committee considers the national
defense programs run by the National Nuclear Security
Administration (NNSA) to be the Department of Energy's top
priority. The recommendation strongly supports the Department's
proposals to modernize the nuclear weapons stockpile, increase
investment in the NNSA's infrastructure, prevent the
proliferation of nuclear materials, and provide for the needs
of the naval nuclear propulsion program.
Investments in Infrastructure
The water resource infrastructure funded by the
recommendation is a critical component of ensuring a robust
national economy and of supporting American competitiveness in
international markets. The Corps is responsible for keeping our
federal waterways open for business. The Corps also 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 supplies reliable water to
approximately ten percent of this 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 our
nation's federal waterways, the Corps maintains 1,067 ports and
25,000 miles of commercial channels serving 40 states. The
maintenance of these commercial waterways is directly tied to
the ability of this country to ship its 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. These waterways handled foreign commerce valued at more
than $1,774,000,000,000 in 2012 alone. As a primary supporter
of America's waterway infrastructure, the Corps is ensuring
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 necessary tools
to continue to support America's shipping 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, Corps projects prevented damages of $14,800,000,000 in
2014 alone. Between 1928 and 2014, each inflation-adjusted
dollar invested in these projects prevented $7.95 in damages.
The properties and investments protected by the Corps
infrastructure would often be flooded without that
infrastructure, destroying homes, businesses, and many valuable
acres of cropland.
The Bureau of Reclamation's water infrastructure is a
critical component of the agricultural productivity of this
country. 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. Additionally,
these facilities deliver water to more than 31 million people
for municipal, rural, and industrial uses. Without these dams
and water supply facilities, American agricultural producers in
the West would not be able to access reliable, safe water for
their families and their businesses and many municipal and
industrial users would face critical water shortages.
The Corps and Reclamation are the nation's largest and
second largest producers of hydropower, respectively. Combined
these federal hydropower facilities generate more than 112
billion kilowatt-hours, enough to power more than 10 million
homes, annually. Gross revenues from the sale of this power
reach nearly $6,000,000,000 annually.
National Energy Policy
In 2012 the President unveiled an ``all of the above''
energy strategy designed to take advantage and utilize all
sources of American-made energy. Since that time, each budget
request has proposed increased funding for energy efficiency
and renewable energy at the expense of more stable energy
sources. While the American energy market has experienced
production breakthroughs for every energy generation source,
the budget request has continued its focus on those that
provide only a fraction of the energy produced in this country.
Fossil and nuclear sources provide 87 percent of the
electricity generation in this nation. They will continue to
provide the majority of the nation's energy needs in the
future. A budget request that fails to provide adequate funding
for all energy sources within the nation's energy portfolio
does not represent a fair ``all of the above'' approach. The
Administration's severe regulations on carbon pollution from
existing and new fossil-fueled electric power plants only
further the inconsistencies in the budget request.
The Committee notes that the fiscal year 2017 budget
request also utilized a large amount of prior-year balances as
an offset to the Fossil Energy Research and Development
account. The Committee rejects this budgetary gimmick.
A realistic national energy policy provides resources to
ensure the nation can efficiently and safely utilize its
abundant fossil resources while investing in research and
development to advance technological breakthroughs in renewable
resources. For any of these improvements to be successful, a
reliable and resilient infrastructure must be the foundation.
The nation's electric grid was built to handle a different
energy reality than the one we face today. Weather events,
cyberattacks, and an increasing diversity of energy sources
must be addressed to guarantee the continued operation of the
electric grid.
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, independence, and
prosperity for the nation. The Committee makes strategic
choices, recommending a balanced approach to advancing research
and development in all energy technologies and supporting a
robust electric grid.
Committee Oversight Initiatives
The highest priority mission of any federal agency is to be
an effective steward of taxpayer dollars. Any waste, fraud, or
abuse of taxpayer dollars is unacceptable. The Committee uses
hearings, reviews by the Government Accountability Office, the
Committee on Appropriations' Surveys and Investigations staff,
and its annual appropriations Act, including the accompanying
report, to promote strong oversight of the agencies under its
jurisdiction, with an emphasis on the U.S. Army Corps of
Engineers, the Bureau of Reclamation, and the Department of
Energy.
The recommendation continues the Committee's responsibility
to conduct in-depth oversight into all activities funded in
this bill. Each agency shall designate a specific point of
contact to track each report required in the bill and ensure
its timely production and delivery.
A summary of the major oversight efforts in the bill is
provided below:
------------------------------------------------------------------------
Agency/Account Requirement
------------------------------------------------------------------------
Army Corps of Engineers................ Direction on seamless
sequencing of IWTF projects
Army Corps of Engineers................ Direction on Principles and
Guidelines
Army Corps of Engineers................ Guidance on ratings systems for
allocating additional funds
Army Corps of Engineers................ Direction on fiscal year 2017
work plan submission
Army Corps of Engineers................ Direction on new starts
Army Corps of Engineers................ Direction on work related to
Asian Carp
Army Corps of Engineers/Investigations. Guidance on allocating
additional funding
Army Corps of Engineers/Investigations. Report on Legacy Studies
Army Corps of Engineers/Investigations. Briefing on flood control and
wastewater treatment
facilities
Army Corps of Engineers/Construction... Guidance on allocating
additional funding
Army Corps of Engineers/Construction... Direction on management of the
Continuing Authorities Program
Army Corps of Engineers/Mississippi Guidance on allocating
River and Tributaries. additional funding
Army Corps of Engineers/Mississippi Direction on Mississippi River
River and Tributaries. Commission costs
Army Corps of Engineers/Operation and Report on Los Angeles County
Maintenance. Drainage Area
Army Corps of Engineers/Operation and Direction on Ririe Reservoir
Maintenance.
Army Corps of Engineers/Operation and Guidance on allocating
Maintenance. additional funding
Army Corps of Engineers/Regulatory..... Guidance on congressional
interpretation of Clean Water
Act
Army Corps of Engineers/Regulatory..... Direction on implementation of
a nationwide permit
Army Corps of Engineers/FUSRAP......... Guidance on investigation and
study at former Sylvania site
Army Corps of Engineers/Expenses....... Direction on public-private
parnerships
Army Corps of Engineers/General Reprogramming requirements
Provisions.
Army Corps of Engineers/General Restriction on use of
Provisions. continuing contracts
Army Corps of Engineers/General Restriction on changing certain
Provisions. Clean Water Act definitions
Army Corps of Engineers/General Restriction on revising federal
Provisions. jurisdiction under the Clean
Water Act
Army Corps of Engineers/General Restriction on requiring
Provisions. permits for the discharge of
dredged or fill material for
certain agricultural
activities
Bureau of Reclamation/Water and Related Direction on Ririe Reservoir
Resources.
Bureau of Reclamation/Water and Related Direction on Mni Wiconi Project
Resources.
Bureau of Reclamation/Water and Related Guidance on allocating
Resources. additional funding
Bureau of Reclamation/Policy and Brief on status of analyses
Administration. related to buried metallic
water pipe
Bureau of Reclamation/General Reprogramming requirements
Provisions.
Department of Energy................... Guidance on reprorgramming of
funds
Department of Energy................... Report on indirect laboratory
costs
Department of Energy................... Report on alleviation of
poverty
Department of Energy................... Direction on workplace
diversity
Department of Energy................... Guidance on Administration's
Yucca Mountain policy
Department of Energy................... Guidance on inclusion of
centers in future budget
justifications
Department of Energy................... Direction on educational
activities
Department of Energy/Energy Efficiency. Direction on assistance to
Puerto Rico
Department of Energy/Energy Efficiency. Report on hydrogen
infrastructure
Department of Energy/Energy Efficiency. Direction on hydrokinetic power
funding allocations
Department of Energy/Energy Efficiency. Direction on additional CEMI
Institutes
Department of Energy/Energy Efficiency. Direction on building energy
codes
Department of Energy/Energy Efficiency. Direction on Weatherization
Assistance Program
Department of Energy/Fossil............ Direction on coal research and
development
Department of Energy/Fossil............ Direction on crude oil by rail
Department of Energy/Fossil............ Report on ethane storage
feasibility
Department of Energy/Non-Defense Direction on disposal of
Cleanup. contaminated above-grade
structures
Department of Energy/UED&D............. Guidance on submission of
legislative proposals
Department of Energy/Science........... Report on Federal research
public access policy
Department of Energy/Science........... Report on fusion energy
sciences
Department of Energy/Science........... Report on ITER
Department of Energy/Science........... Direction on Science
Laboratories infrastructure
Department of Energy/Nuclear Waste Direction on Yucca Mountain
Disposal. licensing process
Department of Energy/Departmental Admin Direction on renewable fuel
standards
Department of Energy/Weapons........... Guidance on outstanding
recommendations for weapons
surety
Department of Energy/Weapons........... Guidance on definition of major
items of equipment
Department of Energy/Weapons........... Study on new radiographic
capabilities
Department of Energy/Weapons........... Direction on selected
acquisiton reports
Department of Energy/Weapons........... Report on expediting WEPAR
project
Department of Energy/Weapons........... Report on domestic uranium
enrichment program
Department of Energy/Weapons........... Direction on MSIPP funds
Department of Energy/Weapons........... Direction on site-splits
details for operating
facilities
Department of Energy/Weapons........... Direction on cost reporting for
recapitilzation projects
Department of Energy/Weapons........... Independent review of UPF
project design
Department of Energy/Weapons........... Direction on plutonium sub-
projects
Department of Energy/Weapons........... Direction on site-splits
details for security
operations
Department of Energy/Nonproliferation.. Guidance on new
nonproliferation projects in
Russia
Department of Energy/Nonproliferation.. Review of safety of MOX
alternative
Department of Energy/Nonproliferation.. Roadmap of high performance
research reactor R&D
Department of Energy/Nonproliferation.. Prohibition on use of MOX funds
Department of Energy/Nonproliferation.. Guidance on use of prior-year
balances
Department of Energy/Defense Direction on cleanup project
Environmental Cleanup. data sheets at Hanford
Department of Energy/Defense Direction on WIPP activities
Environmental Cleanup.
Department of Energy/Defense Direction on use of prior-year
Environmental Cleanup. balances
Department of Energy/Western Area Power Briefing on increased staffing
Administration. levels
Department of Energy/General Provision. Reprogramming requirements
Department of Energy/General Provision. Transfer authority
specifications
Department of Energy/General Provision. Prohibit funds for high hazard
nuclear facilities
construction unless cost
estimates have been developed
Department of Energy/General Provision. Prohibit funds approving CD-2
and CD-3 without separate cost
estimates
Department of Energy/General Provision. Restriction of certain
activities in the Russian
Federation
Department of Energy/General Provision. Restriction of Strategic
Petroleum Reserve activities
and notification requirements
Nuclear Regulatory Commission.......... Establishment of new control
point
Nuclear Regulatory Commission.......... Requirement for joint
management of salaries and
expenses
Nuclear Regulatory Commission.......... Prohibition on terminating
programs without Commissioner
approval
Nuclear Regulatory Commission.......... Notification requirement for
use of emergency functions
Nuclear Regulatory Commission.......... Direction on Yucca Mountain
license application and
funding needs
Nuclear Regulatory Commission.......... Direction on rulemaking process
and activities
Nuclear Regulatory Commission.......... Direction on meeting subsequent
license renewal applications
Nuclear Regulatory Commission.......... Report on comprehensive
workforce review and strategic
plan
Independent Agencies/General Provision. Requirement for NRC to comply
with Congressional requests
Independent Agencies/General Provision. Reprogramming requirements for
the NRC
General Provision...................... Prohibition of funds to
influence congressional action
General Provision...................... Consolidation of transfer
authorities
General Provision...................... Prohibition of funds in
contravention of Executive
Order 12898
General Provision...................... Prohibition of funds for
computer networks that don't
block pornography
General Provision...................... Prohibition of funds to close
Yucca Mountain application
process
General Provision...................... Prohibition of funds to further
implement Executive Order
13547
General Provision...................... Prohibition of funds to remove
or close federally owned or
operated dams
------------------------------------------------------------------------
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
INTRODUCTION
The Energy and Water Development Appropriations Act funds
the Civil Works missions of the 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 23,000 civilians and almost 300
military personnel located in eight Division offices and 38
District offices work to carry out the Civil Works program.
FISCAL YEAR 2017 BUDGET REQUEST OVERVIEW AND ANALYSIS
The fiscal year 2017 budget request for the Civil Works
program of the Corps of Engineers is $4,620,000,000, a decrease
of $1,369,000,000 (-23%) from fiscal year 2016. Each of the
four main project-based accounts would see a sharp decrease
under the budget request. The Construction account would see
the largest dollar reduction (-$772,250,000) and largest
percentage reduction (-41%). The Investigations, Mississippi
River and Tributaries, and Operation and Maintenance accounts
are reduced by 30, 36, and 14 percent, respectively.
Once again the Administration's claims to understand the
importance of infrastructure ring hollow when it comes to water
resource infrastructure investments. In fact, if enacted, the
budget request would represent the lowest level of funding for
the Civil Works program since fiscal year 2004. Under the
budget request, funding for both navigation and flood and storm
damage reduction--the Committee's two highest priorities for
the Corps' Civil Works program--is decreased significantly (-26
and -28 percent, respectively). Within the navigation mission
area, the budget request proposes to reduce funding for
activities eligible for reimbursement from the Harbor
Maintenance Trust Fund by $312,000,000 (-25%) from fiscal year
2016. Capital improvements funded in part from the Inland
Waterways Trust Fund are reduced by $178,600,000 (-44%) from
fiscal year 2016. Funding for flood and storm damage reduction
activities at each stage of the process--studies, construction,
and operation and maintenance--would be reduced below fiscal
year 2016 if the budget request were enacted.
Once again, however, the Committee rejects the low priority
placed on infrastructure in the budget request. Instead, the
Committee provides a total of $1,469,330,000 above the budget
request, of which $1,326,049,000 is for additional investments
in navigation and flood and storm damage reduction
improvements.
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 2017 is estimated to be more
than $9,000,000,000.
The Water Resources Reform and Development Act (WRRDA) of
2014 included target annual appropriations levels for use of
HMTF receipts. 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 2017, the Committee provides an estimated
$1,263,000,000 for HMTF-related activities, the same as fiscal
year 2016, $312,000,000 above the budget request, and
$122,000,000 above the WRRDA target. This funding should allow
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 236 lock chambers--also is 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 at almost 60 years old.
Capital improvements to the inland waterways system
generally are funded 50 percent from the General Treasury and
50 percent from the Inland Waterways Trust Fund (IWTF), while
operation and maintenance costs are funded 100 percent from the
General Treasury. The IWTF is supported by a tax on barge fuel.
In recent years, the increasing rehabilitation and
reconstruction needs and the escalating costs of those projects
have far outstripped available revenues in the IWTF. Two
statutory changes enacted in fiscal year 2015, however, will
lead to the availability of additional revenues to stand as the
required cost-share for some additional work on the inland
waterways system. These changes were the reduction in the
portion of the costs of the Olmsted Locks and Dam project that
is to be derived from the IWTF to 15 percent and the increase
in the fuel tax to $0.29 per gallon from $0.20 per gallon.
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 the larger capital
program (i.e., as ongoing projects approach completion). For
fiscal year 2017, the Committee provides appropriations making
use of all estimated annual revenues from the IWTF. The final
program level will depend on project-specific allocations to be
made by the Corps, but will be at least $375,500,000. The
Committee also allocates $48,000,000 above the budget request
for additional operation and maintenance activities on the
inland waterways. The Committee rejects the Administration's
conceptual proposal to institute yet another fee on the inland
waterways system and to require any operation and maintenance
costs to be paid from the Inland Waterways Trust Fund.
DAM SAFETY
It has long been the policy of both the Committee and the
executive branch to give high priority to funding projects to
address deficiencies at Dam Safety Action Classification (DSAC)
I dams--those dams that pose the greatest risk to life and
safety. The fiscal year 2017 budget has been described as
continuing that policy. The Committee has learned, however,
that the Administration made a change in how that policy is
carried out, yet did not communicate that change to the public
or to the Committee. The budget request includes funding for
DSAC I dams at ``capability'' funding levels. In previous
years, ``capability'' was understood to mean the amount of
funding that could reasonably be obligated within the fiscal
year. This year, however, the Administration has defined
``capability'' as the amount of funding that could be expended
within the fiscal year. Contracts that could be issued later in
the fiscal year will be put off until the following fiscal
year. By making this definitional change, the Administration is
choosing to delay completion of important public safety
improvements. The Committee strongly encourages the
Administration to revert to the previous definition of
capability funding in future budget requests. At a minimum,
however, the Committee expects the Administration to clearly
communicate what its budget requests do, and do not, represent.
PRINCIPLES AND REQUIREMENTS
Concerns persist that the effort to update the Water
Resources Principles and Guidelines did not proceed consistent
with the language or intent of section 2031 of the Water
Resources Development Act of 2007. No funds provided to the
Corps of Engineers shall be used to develop or implement rules
or guidance to support implementation of the final Principles
and Requirements for Federal Investments in Water Resources
released in March 2013 or the final Interagency Guidelines
released in December 2014. The Corps shall continue to use the
document dated March 10, 1983, and entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'' during the fiscal year
period covered by the Energy and Water Development
Appropriations Act for 2017.
FIVE YEAR COMPREHENSIVE PLANNING
Historically, the Committee has encouraged the
Administration to provide five-year investment plans for all
the agencies within the Energy and Water Development
jurisdiction, particularly the Corps. The five-year plan should
be based on realistic assumptions of project funding needs. It
is the Committee's expectation that once projects have been
initiated, the Administration will request responsible annual
funding levels for them through completion.
The executive branch has traditionally been unwilling to
project five-year horizons for projects it has not previously
supported through the budget process. Comprehensive planning is
important for understanding future requirements of projects
that have been supported through the appropriations process, as
well. While this unwillingness to have a dialogue regarding
additional investment might be reasonable under circumstances
where there is no likelihood of additional investment, the
Congress consistently has supported additional investment in
the nation's water resource infrastructure. The uncertainty
caused by year-to-year federal planning leaves too many non-
federal sponsors unable to make informed decisions regarding
local funding.
It would be beneficial for the Congress, the
Administration, and project partners to have a comprehensive
plan to outline requirements for all projects that have
received an appropriation to date or are proposed to begin
receiving funding this year. The Committee continues to welcome
a dialogue to reach a mutually-agreeable way to comprehensively
plan for all initiated projects.
The Committee notes that in fiscal year 2014 the Corps was
directed to prepare a comprehensive estimate of the optimum
timeline and funding requirements to complete each of the
ongoing projects that received construction funding in any of
fiscal years 2009, 2010, 2011, 2012, or 2013, but were not
slated by the Administration for construction funding in the
fiscal year 2014 budget request. This report was to have been
submitted not later than 90 days after the enactment of the
fiscal year 2014 Act. As of the writing of this report, the
Committee still has not received this information.
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 President's 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 see 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 2017. 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 fiscal year 2017 budget request significantly
underfunds the Civil Works program of the Corps of Engineers.
The Committee, however, includes funding in addition to the
budget request to ensure continued improvements to our national
economy, public safety, and environmental health that result
from water resources projects. This funding is for additional
work that either was not included in the Administration's
request or was inadequately budgeted. The Corps again is
directed to develop rating systems for use in evaluating
studies and projects for allocation of the additional funding
provided in this title. These evaluation systems may be, but
are not required to be, individualized for each account,
category, or subcategory. Each study and project eligible for
funding shall be evaluated under the applicable ratings system.
A study or project may not be excluded from evaluation for
being ``inconsistent with Administration policy.'' The Corps
retains complete control over the methodology of these ratings
systems. The executive branch retains complete 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.
The Administration is reminded that these funds are in
addition to its budget request, and Administration budget
metrics shall not be a reason to disqualify a study or project
from being funded. It is expected that all of the additional
funding provided will be allocated to specific programs,
projects, or activities. The focus of the allocation process
shall favor the obligation, rather than expenditure, of funds
for work in fiscal year 2017. With the significant backlog of
work in the Corps' inventory, there is no reason for funds
provided above the budget request to remain unallocated.
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 2017; 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.
Funding associated with each category may be allocated to
any eligible study or project, as appropriate, within that
category; funding associated with each subcategory may be
allocated only to eligible studies or projects, as appropriate,
within that subcategory. The list of subcategories is not meant
to be exhaustive.
Work plan.--Not later than 60 days after the enactment of
this Act, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a work plan including
the following information: (1) a detailed description of the
ratings system(s) developed and 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 2017 and the specific reasons each study or project was
considered as being less competitive for an allocation of
funds.
New Starts.--The recommendation includes up to six new
study starts and four new construction starts to be distributed
across the three main mission areas of the Corps. Of the new
study starts, two shall be for navigation studies, two shall be
for flood and storm damage reduction studies, one shall be for
an additional navigation or flood and storm damage reduction
study, and one shall be for an environmental restoration study.
Of the new construction starts, one shall be for a navigation
project, one shall be for a flood and storm damage reduction
project, one shall be for an additional navigation or flood and
storm damage reduction project, and one shall be for an
environmental restoration project. No funding shall be used to
initiate new studies, programs, projects, or activities in the
Mississippi River and Tributaries or Operation and Maintenance
accounts.
The Corps is directed to propose a single group of new
starts as a part of the work plan. The Corps may not change or
substitute the new starts selected once the work plan has been
provided to the Committees on Appropriations of both Houses of
Congress. 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 2017,
or by the earlier date as specified, 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. Consideration of studies and projects for
selection as new starts shall not be limited to only those
proposed in the Administration's budget request. As all new
starts are to be chosen by the Corps, all shall be considered
of equal importance, and the expectation is that future budget
submissions will include appropriate funding for all new starts
selected.
The Committee is disappointed that the Administration
continues to obfuscate its policies and guidelines regarding
which studies and projects require new start designations.
Therefore, the Committee must address several recurring
categories. The Committee reiterates previous congressional
direction that neither study nor construction activities
related to individual projects authorized under section 1037 of
WRRDA 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). A new start designation shall be required to
initiate construction of individually-authorized projects
funded within programmatic line items. 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.
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 local sponsor that will be ready and able to
provide, in a timely manner, the necessary cost share for the
feasibility and PED phases. The Committee reminds the Corps
that the flood and storm damage reduction mission area can
include instances where non-federal sponsors are seeking
assistance with flood control and unauthorized discharges from
permitted wastewater treatment facilities.
In addition to the priority factors used to allocate all
additional funding provided in the Construction account, the
Corps also shall consider the out-year budget impacts of the
selected new starts and the cost sharing sponsor's ability and
willingness to promptly provide the cash contribution (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 August 31, 2017, 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 Committees on
Appropriations of both Houses of Congress 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 a Construction account funding level at
the average of the past three budget requests.
ASIAN CARP
The threat of Asian Carp to the Great Lakes remains a
concern for the Committee as this species has the potential to
do irreparable harm to both an important source of freshwater,
the Great Lakes, while also harming the economies of nearby
communities by driving away the tourism, recreation, and
fishing industries. The Corps continues to play a critical role
in preventing, controlling, and managing the threat of Asian
carp. The Committee expects the Corps to expedite authorized
actions related to Asian Carp, in particular the Great Lakes
and Mississippi River Interbasin Study (GLMRIS) Brandon Road
study. Further, the Corps is directed to notify the Committee
of any changes to the planned work related to Asian Carp as
well as any changes to the findings regarding the migration of
the fish toward the Great Lakes.
CONGRESSIONAL DIRECTION AND REPROGRAMMING
To ensure that the expenditure of funds in fiscal year 2017
is consistent with congressional direction, to minimize the
movement of funds, and to improve overall budget execution, the
bill carries a legislative provision outlining the
circumstances under which the Corps may reprogram funds.
COMMITTEE RECOMMENDATION
The Committee recommends $6,089,330,000 for the Corps,
$100,330,000 above fiscal year 2016 and $1,469,330,000 above
the budget request.
A table summarizing the fiscal year 2016 enacted
appropriation, the fiscal year 2017 budget request, and the
Committee-recommended levels is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
FY 2016 FY 2017
Account enacted request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations.................................................. $121,000 $85,000 $120,000
Construction.................................................... 1,862,250 1,090,000 1,945,580
Mississippi River and tributaries............................... 345,000 222,000 345,000
Operation and maintenance....................................... 3,137,000 2,705,000 3,157,000
Regulatory program.............................................. 200,000 200,000 200,000
FUSRAP.......................................................... 112,000 103,000 103,000
Flood control and coastal emergencies........................... 28,000 30,000 34,000
Expenses........................................................ 179,000 180,000 180,000
Office of the Assistant Secretary of the Army for Civil Works... 4,750 5,000 4,750
-----------------------------------------------
TOTAL, Corps of Engineers--Civil........................ 5,989,000 4,620,000 6,089,330
----------------------------------------------------------------------------------------------------------------
INVESTIGATIONS
Appropriation, 2016................................... $121,000,000
Budget estimate, 2017................................. 85,000,000
Recommended, 2017..................................... 120,000,000
Comparison:
Appropriation, 2016............................... -1,000,000
Budget estimate, 2017............................. +35,000,000
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:
San Francisquito Creek, California.--The Committee is aware
of repeated delays with the San Francisquito Creek flood
control feasibility study, eighteen years after a significant
flood event. The Committee encourages the Corps to continue
working with the non-federal sponsor to proceed to a chief's
report as expeditiously as possible. The Committee also
encourages natural resources agencies to be engaged early in
the study process to avoid permitting delays.
Chacon Creek, Texas.--The Corps has multiple authorities to
provide technical assistance to non-federal entities. The
Committee encourages the Corps to review these authorities to
identify opportunities to help advance the Chacon Creek, Texas,
study, for which the Corps executed a feasibility cost sharing
agreement in 2004.
Additional Funding.--The Committee expects the additional
funding provided in this account to be allocated primarily to
specific feasibility and PED phases, rather than to Remaining
Items line items as has been the case in the past few work
plans. The activities funded under Remaining Items address core
agency competencies, which means the budget request should
reflect sufficient funding. 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; or are for projects to
address legal requirements. While the additional funding is
shown in the feasibility column, the Corps shall use these
funds for additional work in both the feasibility and PED
phases. 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.
Research and Development, Partnerships.--The Corps is an
instrumental partner in controlling invasive aquatic species in
our nation's waterways, including the Columbia River Basin with
twelve listed salmon and steelhead species and more than
$3,000,000,000 of goods transported for delivery around the
world. The Committee recognizes the economic and environmental
benefits of the Columbia River Basin and urges the Corps to
utilize local and regional research partners, as appropriate,
to address this serious issue.
Water Resources Priorities Study.--No funding shall be used
for this study.
National Flood Risk Management Program.--The recommendation
includes funding above the budget request for additional work
within the Silver Jackets program.
Impacts on Oyster Reefs.--The Committee supports Corps
efforts, 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.
Legacy Studies.--The Committee is encouraged by the Corps'
work on multiple studies, termed Legacy Studies, which were
rightly not required to transition to the new SMART planning
process. The Corps shall report to the Committees on
Appropriations of both Houses of Congress not later than 60
days after the enactment of this Act with an update on all
Legacy Studies and the current schedule to bring them to
completion.
Flood Control and Wastewater Treatment Facilities.--The
Corps shall be prepared to brief the Committees on
Appropriations of both Houses of Congress not later than 120
days after the enactment of this Act regarding activities to
address concerns about flooding and wastewater treatment
facilities. Specifically, the briefing shall include: 1) a list
of all municipal entities that have sought assistance from the
Corps since December 2000, and to include an application
through the annual report process established under section
7001 of WRRDA 2014, regarding flood control issues and
simultaneous discharges that are not authorized by the
discharge permits under which the facilities operate; and 2) a
discussion of Corps authorities, funding sources, and technical
assistance programs available to help address each such
situation.
CONSTRUCTION
Appropriation, 2016................................... $1,862,250,000
Budget estimate, 2017................................. 1,090,000,000
Recommended, 2017..................................... 1,945,580,000
Comparison:
Appropriation, 2016............................... +83,330,000
Budget estimate, 2017............................. +855,580,000
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:
Success Dam, California.--In fiscal year 2016, the
Committee raised the importance of the Corps moving
expeditiously on a project to increase the reservoir capacity,
primarily for flood control but also for irrigation water
storage, given this project had been on hold for more than a
decade as seismic and seepage concerns were addressed. The non-
federal sponsors of this project continue to remain very
supportive of implementing this project. The Committee notes
that in 2016 and 2017, this project will undergo several
important reviews by the Senior Oversight Group in the Corps in
order to move ahead. The Committee commends the Corps for its
work on enlarging the reservoir this past year and continues to
urge the Corps to move ahead expeditiously to update and
finalize all documents related to this project so the reservoir
capacity enlargement can finally be completed.
Herbert Hoover Dike, Florida.--The Herbert Hoover Dike,
which surrounds Lake Okeechobee, reduces impacts from flooding
as a result of high lake levels for a large area of south
Florida. Since 2007, the Corps has made an investment of over
$500,000,000 to reduce the risk of catastrophic failure of the
aging structure. Recent historic rainfall, however, has put
additional pressure on the dike, and the Corps has been forced
to release water to the east and west of the lake to avoid
catastrophic results. The Committee recognizes such water
releases have had both ecological and economic effects, further
demonstrating the need for the Dike's repair. The Committee
encourages the Corps to continue appropriate work to improve
the stability of the Dike.
South Florida Ecosystem Restoration, Florida.--The
Committee is encouraged that the Corps has placed a high
priority on the Big Cypress/L-28 Modifications Project by
placing it on the Integrated Delivery Schedule with a 2016
start date for SMART planning. The Committee urges the Corps to
continue to move forward on the planning of this important
project according to the Integrated Delivery Schedule time
lines and to continue consultation with stakeholders, including
the Miccosukee Tribe of Indians of Florida, throughout the
planning for this project.
McCook and Thornton Reservoirs, Illinois.--The Committee is
disappointed by the Administration's inexplicable decision to
end funding for McCook Reservoir. The project clearly is a
flood risk management project, as stated in its 1988
authorization and confirmed by previous Administration
statements and budget requests. By failing to continue to
budget for the project, the Administration is ignoring both
congressional intent and its own past support for the project.
Given the project is 75 percent complete and both Phase 1 and
Phase 2 have been budgeted and funded in the past, the
Committee is at a loss to understand why the Administration
chose not to support the project to its completion.
Additional Funding.--The recommendation includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness. Of the
additional funds provided in this account, the Corps shall
allocate not less than $12,450,000 to projects with riverfront
development components. Of the additional funding provided in
this account for flood and storm damage reduction and flood
control, the Corps shall allocate not less than $18,000,000 to
additional nonstructural flood control projects. 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 $5,000,000 to
authorized reimbursements for projects with executed project
cooperation agreements and that have completed construction or
where non-federal sponsors intend to use the funds for
additional water resources 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 continue construction of projects
that include improvements to rainfall drainage systems that
address flood damages.
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:
1. the benefits of the funded work to the national
economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly by the funded
activity;
4. 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;
5. ability to complete the project, separable
element, or project phase with the funds allocated;
6. for flood and storm damage reduction projects
(including authorized nonstructural measures and
periodic beach renourishments),
a. population, economic activity, or public
infrastructure at risk, as appropriate; and
b. the severity of risk of flooding or the
frequency with which an area has experienced
flooding;
7. 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;
8. 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;
9. for other authorized project purposes and
environmental restoration or compliance projects, to
include the beneficial use of dredged material; and
10. for environmental infrastructure, projects with
the greater economic impact, projects in rural
communities, projects in counties or parishes with high
poverty rates, and projects in financially distressed
municipalities.
The recommendation provides funds making use of all
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. Although the report prepared pursuant to
section 2002(d) of the Water Resources Reform and Development
Act (WRRDA) of 2014 recently was submitted to the Congress, the
Committee has not had sufficient time to date to review it.
Therefore, when allocating the additional funding provided for
projects cost shared with the IWTF, the Corps shall continue to
use, as appropriate, the Inland Marine Transportation System
(IMTS) Capital Projects Business Model, Final Report published
on April 13, 2010, as the applicable 20-year plan.
Aquatic Plant Control Program.--Funding is provided for
watercraft inspection stations and related monitoring, as
authorized by section 1039 of WRRDA 2014.
Continuing Authorities Program (CAP).--The Committee
continues to support all sections of the Continuing Authorities
Program. Funding is provided for eight CAP sections at a total
of $36,000,000, an increase of $32,500,000 above the budget
request, which proposed funding for only four sections. This
program provides a useful tool for the Corps to undertake small
localized projects without the lengthy study and authorization
process typical of most larger Corps projects. The management
of the Continuing Authorities Program should continue
consistent with direction provided in previous fiscal years.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2016................................... $345,000,000
Budget estimate, 2017................................. 222,000,000
Recommended, 2017..................................... 345,000,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. +123,000,000
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:
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.
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
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.
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.
Operation of Floodways.--The Mississippi River and
Tributaries System, protecting the 36,000 square-mile Lower
Mississippi River Valley, is designed to be operated as an
integrated system. The Corps must operate all features,
including floodways, in accordance with statutory
authorizations, approved Water Control Plans, and implementing
project Operations Plans. Additionally, for flood events in
which floodways must be operated, the Secretary is strongly
encouraged to identify and utilize all authorities and funding
sources available to restore the floodway features to pre-event
conditions and authorized configurations as quickly as
possible.
OPERATION AND MAINTENANCE
Appropriation, 2016................................... $3,137,000,000
Budget estimate, 2017................................. 2,705,000,000
Recommended, 2017..................................... 3,157,000,000
Comparison:
Appropriation, 2016............................... +20,000,000
Budget estimate, 2017............................. +452,000,000
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:
The Dalles Lock and Dam, Washington and Oregon.--The
Committee is aware of a Corps legal analysis that finds that a
new tribal village can be constructed pursuant to section 204
of the Flood Control Act of 1950, authorizing construction of
The Dalles Dam, because this authority has not yet been used to
construct a new tribal village. The Corps is encouraged to
continue efforts for the construction of a new tribal village
at The Dalles Dam in consultation with affected Columbia River
Tribes and the Bureau of Indian Affairs.
Los Angeles County Drainage Area, California.--The Corps
shall provide to the Committees on Appropriations of both
Houses of Congress not later than 120 days after the enactment
of this Act a report detailing the outstanding maintenance and
repair needs within the Corps-maintained portion of the LACDA
system. The report shall also include identification of
opportunities for local agency maintenance of the Corps-
maintained portion of the LACDA system that could more
effectively utilize budgeted funds in a manner that reduces
flood risk and increases stormwater capture, which would
provide a more sustainable local source of water.
Ririe Reservoir, Idaho.--The Committee appreciates the
cooperation to date of the Corps and the Bureau of Reclamation
to allow limited increases in the amount of water carried over
through the winter flood season without increasing flood risk.
With the West recently experiencing significant drought, it is
important to identify ways to carry over and store as much
water as possible to meet dry year challenges. Water users are
interested in holding additional winter water storage during
dry years or until sufficient snow in the watershed has
accumulated to protect the storage water supplies, but the
potential paths forward are not clear. The Corps and
Reclamation are directed to work together with the water users
on assessing any funding requirements, process challenges to be
addressed, an approximate schedule through implementation, any
policy or statutory changes necessary, and to develop any other
relevant information the water users would need to make an
informed decision on whether and how they might wish to
proceed.
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
1. ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are
present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including
domestic manufacturing capacity;
5. extent to which the work will promote job growth
or international competitiveness;
6. number of jobs created directly by the funded
activity;
7. ability to obligate the funds allocated within the
fiscal year;
8. ability to complete the project, separable
element, project phase, or useful increment of work
within the funds allocated;
9. the risk of imminent failure or closure of the
facility; and
10. for harbor maintenance activities,
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national
security needs served;
f. designation as strategic seaports;
g. lack of alternative means of freight
movement; and
h. savings over alternative means of freight
movement.
Additional funding provided for donor ports and energy
transfer ports shall be allocated in accordance with section
2106 of the WRRDA. Of the funds made available for donor ports,
50 percent of such funds shall be allocated equally among
eligible donor ports and 50 percent shall be allocated based on
each eligible donor port's percentage of the total Harbor
Maintenance Tax revenues generated at such ports.
Small, Remote, or Subsistence Navigation.--Concerns persist
that the Administration's criteria for navigation maintenance
do not allow small, remote, or subsistence harbors and
waterways to properly compete for scarce navigation maintenance
funds. The Committee notes that the budget request for this
category of projects has increased over the past few years and
urges the Corps to continue this effort to provide a reasonable
and equitable allocation under this account.
Facility Protection.--Given increased concerns related to
the threat posed by cyber attacks, the Corps shall be prepared
to brief the Committees on Appropriations of both Houses of
Congress not later than 120 days after the enactment of this
Act regarding actions that have been taken and are planned by
the Corps to deploy and maintain cyber security solutions
capable of continuously monitoring, detecting, and mitigating
cyber attacks directed against industrial control systems and
command and control systems at Corps facilities.
Monitoring of Completed Navigation Projects.--Funding in
addition to the budget request is included to continue
collaborative research with state agencies to evaluate the
impact of reduced lock operations on endangered, threatened,
and game fish species in inland waterways and effective
mitigation methods to ensure the viability of impacted fishes.
Additional funding is also provided to support the structural
health monitoring program to facilitate research to maximize
operations, enhance efficiency, and protect asset life through
catastrophic failure mitigation.
Water Operations Technical Support (WOTS).--Funding in
addition to the budget request is included to continue research
into atmospheric rivers first funded in fiscal year 2015.
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 section 210(c)(3) and 210(d)(1)(B)(ii) of WRDA
1986.
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.
Gulf Intracoastal Waterway (GIWW) Assessment.--Section 2008
of WRRDA 2014 directed the Secretary to conduct an assessment
of the operation and maintenance needs of the GIWW. The Corps
is encouraged to include funding to conduct this assessment in
future budget requests.
Pipelines.--The Committee is concerned that there is a lack
of information regarding existing oil, chemical, and gas
pipelines beneath authorized navigation channels. In order to
improve executing the nation's maintenance responsibilities,
the Committee encourages the Corps to work with partner
agencies to examine ways to collect information on active and
retired pipelines.
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 these concerns,
including the use of non-potable water from reservoirs.
REGULATORY PROGRAM
Appropriation, 2016................................... $200,000,000
Budget estimate, 2017................................. 200,000,000
Recommended, 2017..................................... 200,000,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. - - -
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.
The Committee understands that the Corps is imposing
requirements on applicants for permits issued under section 404
of the Clean Water Act that are not mandated by established
regulatory policy or guidance. Specifically, the Committee is
concerned about reports that the Corps has not adhered to
established deadlines throughout the permitting process and
that the Corps has asked applicants to produce information and
deliver products that are not the responsibility of the
applicant. These practices are burdensome to applicants, add
uncertainty to the permitting process, and often result in
substantial loss of time, jobs, and capital. The Committee
encourages the Corps to adhere to established regulatory
policies and guidance with respect to permits issued under
section 404 of the Clean Water Act and to refrain from imposing
additional requirements on permit applicants.
In fiscal year 2014 and again in fiscal years 2015 and
2016, the Committee raised a concern with the Corps' changed
interpretation of Clean Water Act requirements related to the
identification of a specified end-user. Congress rejected the
new interpretation. Unfortunately, the Committee continues to
hear concerns on this issue. The Committee again directs the
Corps to ensure that all field offices adhere in all instances
to the interpretations directed by the Congress. The previous
direction is repeated here for emphasis and clarity.
The Committee is aware of at least two recent instances in
which local economic development organizations have applied for
permits to prepare sites to attract new economic activity but
the Corps has denied or otherwise frustrated those efforts.
Although the local organizations have established precedent by
providing several examples of where similar applications were
approved, the Corps now claims its regulations require the
identification of a specified end-user of a proposed
development so it can review final design plans and other exact
specifications of the proposed development in order to issue a
permit. The Committee strongly rejects this new interpretation
of Clean Water Act requirements. The Corps is not a local land-
use planning agency, and the Clean Water Act provides neither
the directive nor the authority for the Corps to assume such
responsibilities. The Committee encourages the Corps to work
with these permit applicants, and any others with similar
applications, to reach a better balance between allowing
desperately needed economic development while still
safeguarding important environmental resources.
Public Safety Projects.--The Committee continues to hear
that public safety infrastructure projects have been delayed
due to excessive and repeated reviews. Many communities depend
on these projects to protect their residents from natural
disasters. Considering the risk to life and other damages that
these disasters inflict upon communities, it is in the public
interest to have local governments mitigate for this harm.
Therefore, the Committee encourages the Corps to give the
public safety aspects of a project sufficient and appropriate
consideration when reviewing permit applications.
Shellfish Aquaculture Activities.--The Committee is
concerned that, for the past decade, the Seattle District's
implementation of Nationwide Permit (NWP) 48 has been
ineffective. The shellfish industry is a critical economic
driver in Washington State, and the Seattle District has an
obligation to issue permits in a timely and transparent manner.
Currently, a consultation under section 7 of the Endangered
Species Act is underway between the Corps and relevant resource
agencies; this programmatic consultation is intended to cover
the majority of shellfish activities for a period of up to 20
years. The Committee expects the Corps to process all pending
requests for verification under NWP 48 as soon as possible
following resolution of the consultation process. The Corps is
directed to notify the Committees on Appropriations of both
Houses of Congress once the current consultation concludes and
to provide thereafter monthly updates on the status of
processing pending permits. Additionally, the Corps is directed
to develop a communication protocol that clearly outlines how
permittees will be consulted during development of the Corps'
programming permitting requirements for Washington State.
Programmatic Consultations.--The Committee strongly
supports efforts to reduce the amount of time it takes to
process permit applications. Programmatic consultations,
sometimes called Standard Local Operating Procedures for
Endangered Species, can be particularly helpful, especially in
regions like the Seattle District. The Committee encourages the
Corps to continue exploring additional ways to improve the
efficiency of the permit review process.
Export Terminals.--The Committee encourages the Corps to
complete environmental review for export terminal projects as
expeditiously as possible, in a transparent manner, and in a
reasonable timeframe. In addition, the Committee directs the
Corps to thoroughly consult with the Secretary of the Interior,
and all affected tribal nations regarding the environmental and
economic impacts as well as treaty rights of all Tribes
affected by export terminal projects undergoing environmental
review.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
Appropriation, 2016................................... $112,000,000
Budget estimate, 2017................................. 103,000,000
Recommended, 2017..................................... 103,000,000
Comparison:
Appropriation, 2016............................... -9,000,000
Budget estimate, 2017............................. - - -
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 Congress transferred the Formerly Utilized Sites
Remedial Action Program (FUSRAP) from the Department of Energy
to the Corps in fiscal year 1998. In appropriating FUSRAP funds
to the Corps, the Committee intended to transfer 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 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 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 the 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 Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2016................................... $28,000,000
Budget estimate, 2017................................. 30,000,000
Recommended, 2017..................................... 34,000,000
Comparison:
Appropriation, 2016............................... +6,000,000
Budget estimate, 2017............................. +4,000,000
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.
Accurate information can reduce the time necessary to
respond to storm damages in regions subject to significant
erosion. The Committee understands that it is Corps practice to
maintain multiple options from which to draw borrow for
periodic renourishment of shore protection projects. The
Committee supports this practice and encourages the Corps to
continue exploring ways to reduce response times, as
appropriate.
EXPENSES
Appropriation, 2016................................... $179,000,000
Budget estimate, 2017................................. 180,000,000
Recommended, 2017..................................... 180,000,000
Comparison:
Appropriation, 2016............................... +1,000,000
Budget estimate, 2017............................. - - -
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.
Public-Private Partnerships.--As discussed in fiscal year
2016, there is strong support among many Members of the
Congress and within the senior leadership of the Corps for
public-private partnerships (P3). These arrangements have the
potential to be project delivery tools to help sustain the
performance of existing infrastructure and construct new
infrastructure more quickly. Unfortunately, the Committee is
concerned that the Administration's actions to date will serve
to undermine, rather than promote, the use of P3s. For
instance, the Administration selected a P3 project as one of
its fiscal year 2016 new starts, yet did not include funding
for this project in its fiscal year 2017 budget request,
claiming the project did not meet budget criteria. Without a
clear signal from the federal government that it will honor its
commitments under a P3 arrangement, it is unlikely that
communities or private investors will put their resources at
risk with a P3 arrangement.
More broadly, the Committee is concerned that the Corps is
attempting to develop individual, project-specific P3
arrangements, rather than developing the policy by which such
arrangements, developed by project stakeholders and private
investors, will be evaluated. The Committee believes that this
program will generate stronger interest and allow all
interested non-federal sponsors equal opportunity to develop P3
proposals for the Corps to review under established guidelines.
An established policy would also ensure that selected projects
will meet budget criteria.
It was for these reasons that the Congress, in fiscal year
2016, directed the Corps to develop a policy on how proposals
for public-private partnerships will be considered by the Corps
and how these partnerships will be incorporated into the budget
policy. The Committee is unaware of any work the Corps has done
to comply with this direction. Therefore, due to the concerns
detailed above and until such time as a comprehensive policy is
established and provided to the Committees on Appropriations of
both Houses of Congress, the Corps shall discontinue all work
on project-specific public-private partnerships beyond the P3
project selected as a new start in fiscal year 2016.
WRRDA Section 4001.--Congress has made clear its intent
that the Susquehanna, Delaware, and Potomac River Basin
Commissions be supported, and the Committee urges the
Administration to follow through on the direction provided in
section 4001 of WRRDA 2014 to budget accordingly.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2016................................... $4,750,000
Budget estimate, 2017................................. 5,000,000
Recommended, 2017..................................... 4,750,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -250,000
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 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 needs to do more to ensure timely and complete
responses to these inquiries.
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 bill includes a provision regarding acquisitions.
The bill includes a provision regarding reallocations at a
project.
The bill includes a provision regarding a water supply
storage contract.
The bill makes permanent a provision prohibiting funds from
being used to develop or implement changes to certain
definitions for the purposes of the Clean Water Act.
The bill includes a provision prohibiting the use of funds
to require permits for the discharge of dredged or fill
material for certain agriculture activities.
The bill includes a provision prohibiting funds from being
used to implement revised guidance on determining jurisdiction
under the Clean Water Act.
The bill contains a provision allowing the possession of
firearms at water resources development projects under certain
circumstances.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2016................................... $10,000,000
Budget estimate, 2017................................. 5,600,000
Recommended, 2017..................................... 11,000,000
Comparison:
Appropriation, 2016............................... +1,000,000
Budget estimate, 2017............................. +5,400,000
The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of P.L. 102-575) provides for the completion of the Central
Utah Project by the Central Utah Water Conservancy District.
The Act 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. The Act further assigns responsibilities for
carrying out the Act to the Secretary of the Interior and
prohibits delegation of those responsibilities to the Bureau of
Reclamation.
The Committee is disappointed that the Department's fiscal
year 2017 CUPCA program request has once again reduced
construction funding for the Utah Lake System pipeline project.
The Committee remains committed to completing the Central Utah
Project, which would enable initiation of repayment to the
federal treasury.
The Committee recommendation includes a total of
$11,000,000 for the Central Utah Project Completion Account,
which includes $8,350,000 for Central Utah Project
construction, $1,300,000 for transfer to the Utah Reclamation
Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission, and
$1,350,000 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, the Bureau of 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. Reclamation maintains 337 reservoirs with the
capacity to store 245 million acre-feet of water.
As Reclamation's large impoundments and appurtenant
facilities reach their design life, the projected cost of
operating, maintaining, and rehabilitating Reclamation
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.
FISCAL YEAR 2017 BUDGET REQUEST AND COMMITTEE RECOMMENDATION
The fiscal year 2017 budget request for the Bureau of
Reclamation totals $1,106,159,000. The Committee recommendation
totals $1,133,578,000, $131,422,000 below fiscal year 2016 and
$27,419,000 above the budget request.
A table summarizing the fiscal year 2016 enacted
appropriation, the fiscal year 2017 budget request, and the
Committee recommendation is provided below:
(Dollars in thousands)
------------------------------------------------------------------------
FY 2016 FY 2017
Account enacted request Cmte rec.
------------------------------------------------------------------------
Water and Related Resources...... $1,118,972 $813,402 $982,972
Central Valley Project 49,528 55,606 55,606
Restoration Fund................
California Bay-Delta Restoration. 37,000 36,000 36,000
Policy and Administration........ 59,500 59,000 59,000
Indian Water Rights Settlements.. - - - 106,151 - - -
San Joaquin River Restoration - - - 36,000 - - -
Fund............................
--------------------------------------
Total, Bureau of Reclamation. 1,265,000 1,106,159 1,133,578
------------------------------------------------------------------------
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2016................................... $1,118,972,000
Budget estimate, 2017................................. 813,402,000
Recommended, 2017..................................... 982,972,000
Comparison:
Appropriation, 2016............................... -136,000,000
Budget estimate, 2017............................. +169,570,000
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 Committee recommendation includes in this account
certain Indian Water Rights Settlements proposed for funding
under a separate account in the President's budget request. No
funding is included for the San Joaquin River Restoration Fund,
which the President's request also proposed as a new separate
account. Adjusted for this change in account structure, the
recommendation is $27,419,000 above the budget request.
The budget request for this account and the approved
Committee allowance are shown on the following table:
San Joaquin River Restoration Fund.--The budget request
again proposes an account separate from the Water and Related
Resources account for discretionary funding of San Joaquin
River Restoration activities. As in past years, the Committee
includes this line item within the Water and Related Resources
account, although no funding is provided.
Indian Water Rights Settlements.--The budget request again
proposes a new appropriations account for certain Indian water
rights settlements. As in prior fiscal years, however, the
Committee includes funding for these settlements in the Water
and Related Resources account.
Central Valley Project, San Luis Unit, California.--The
Committee is aware that Reclamation and the Western Area Power
Administration are evaluating the possible construction of a
transmission line to directly serve the San Luis Unit from the
Central Valley Project system as an alternative to receiving
service under the California Independent System Operator's
Tariff. The agencies are encouraged to continue to work
together and with the affected Central Valley Project water
contractors to ensure the most efficient and cost-effective
process for implementation.
Ririe Reservoir, Idaho.--The Committee appreciates the
cooperation to date of the Corps and the Bureau of Reclamation
to allow limited increases in the amount of water carried over
through the winter flood season without increasing flood risk.
With the West recently experiencing significant drought, it is
important to identify ways to carry over and store as much
water as possible to meet dry year challenges. Water users are
interested in holding additional winter water storage during
dry years or until sufficient snow in the watershed has
accumulated to protect the storage water supplies, but the
potential paths forward are not clear. The Corps and
Reclamation are directed to work together with the water users
on assessing any funding requirements, process challenges to be
addressed, an approximate schedule through implementation, any
policy or statutory changes necessary, and to develop any other
relevant information the water users would need to make an
informed decision on whether and how they might wish to
proceed.
Tualatin Project, Scoggins Dam, Oregon.--The Committee
supports the budget request of $2,000,000 for Safety of Dams
preconstruction activities at Scoggins Dam. Consistent with
existing authorities, the Committee encourages Reclamation to
evaluate alternatives, including new or supplementary works, to
address dam safety modifications and additional benefits.
Considering the high risk associated with Scoggins Dam, the
Committee urges Reclamation to maintain its schedule to begin
drafting the Modification Report for authorization to construct
the recommended dam safety modifications in fiscal year 2017.
The Committee has been told that a replacement structure
downstream could significantly reduce project costs for both
the federal government and local stakeholders.
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 any transfers of those systems, as
quickly as possible. The Administration is encouraged to
include appropriate funding for upgrades in future budget
requests.
Yakima River Basin Water Enhancement Project Integrated
Plan, Washington.--The Committee is aware of the Integrated
Plan that has been developed by the Yakima River Basin Water
Enhancement Project Working Group, including the Bureau of
Reclamation, to address water storage and water supply needs
for agriculture, fish, and municipalities within the Yakima
River Basin in Central Washington. The Committee is supportive
of the Plan and encourages the Bureau to move forward on
implementing authorized components of the Plan.
WaterSMART Program.--The Committee continues to focus on
efforts to combat the drought situation in the Western U.S. and
recognizes the important role the Commercial, Industrial and
Institutional (CII) business sectors can have in water
efficiency and conservation efforts. The Committee encourages
the Bureau of Reclamation to continue prioritization of
programs, including CII sector programs, that are the most cost
effective in addressing water conservation needs.
WaterSMART Program, Title XVI Water Reclamation/Reuse
Projects.--The Committee has heard from numerous stakeholders
who believe the program's effectiveness could be enhanced
through expanding the pool of projects eligible to compete for
funding for planning, design, or construction activities. The
Committee encourages Reclamation to develop and propose to the
authorizing committees of both Houses of Congress
recommendations for improvements, which may include
programmatic changes and project-specific authorizations.
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. Not later
than 45 days after the enactment of this Act, Reclamation shall
provide to the Committees on Appropriations of both Houses of
Congress a report delineating how these funds 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.
Aquifer Recharge.--The Committee is aware that many states
are exploring new methods of recharging aquifers for increased
water storage and drought mitigation. The Committee expects the
Bureau of Reclamation to work closely with project
beneficiaries to identify and resolve any barriers to aquifer
recharge projects when appropriate.
Sierra Nevada Forest Watershed.--The Committee is aware
that the Bureau of Reclamation, the U.S. Forest Service,
Stanislaus National Forests, and others partnered in fiscal
year 2016 to initiate a multi-year study to generate new
knowledge to quantitatively establish the co-benefits of forest
management practices in the Sierra Nevada that could
potentially generate water supply and other benefits to the
Central Valley Project and the State Water Project. The
Committee supports Reclamation's continued participation,
through the Western Watershed Enhancement Partnership program
within the Resilient Infrastructure program as appropriate, in
analysis of science-based fuels reductions that are mutually
beneficial to national forest health and water supply yield
and, if merited, recommendations for further congressional
action.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2016................................... $49,528,000
Budget estimate, 2017................................. 55,606,000
Recommended, 2017..................................... 55,606,000
Comparison:
Appropriation, 2016............................... +6,078,000
Budget estimate, 2017............................. - - -
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 Administration's
request. The Committee notes that the decrease 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 notes the
progress being made to screen the high priority unscreened
diversions on the Sacramento River under the Bureau of
Reclamation's Anadromous Fish Screen Program. The Committee
encourages Reclamation to continue its focus on screening of
the remaining high priority diversions from within funds made
available under the Central Valley Project Restoration Fund in
future budget requests.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2016................................... $37,000,000
Budget estimate, 2017................................. 36,000,000
Recommended, 2017..................................... 36,000,000
Comparison:
Appropriation, 2016............................... -1,000,000
Budget estimate, 2017............................. - - -
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.
POLICY AND ADMINISTRATION
Appropriation, 2016................................... $59,500,000
Budget estimate, 2017................................. 59,000,000
Recommended, 2017..................................... 59,000,000
Comparison:
Appropriation, 2016............................... -500,000
Budget estimate, 2017............................. - - -
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 five 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.
Buried Metallic Water Pipe.--The Committee reiterates
previous congressional direction that Reclamation shall not use
Technical Memorandum 8140-CC 2004 1 (``Corrosion Considerations
for Buried Metallic Water Pipe'') as the sole basis to deny
funding or approval of a project or to disqualify any material
from use in highly corrosive soils. The Committee is concerned
with the length of time Reclamation is taking to comply with
other directives to conduct an objective, independently peer-
reviewed analysis of pipeline reliability standards and to
contract with a Department of Energy national laboratory to
develop performance data for zinc-coated ductile iron pipe
applications in highly- or severely-corrosive soils. The
analysis of pipeline reliability standards was first required
in the fiscal year 2012 Act, yet Reclamation's current
completion date is estimated to be December 31, 2017--six years
after enactment. It is the Committee's understanding that
Reclamation is still in the process of developing an agreement
with the Department of Energy for the performance data work--
putting at risk the laboratory's ability to provide its
findings and recommendations to the Committee by September 30,
2016, as directed. The Committee directs Reclamation to provide
monthly briefings on the status of both study efforts, until
each effort is completed.
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 includes a provision regarding completion of
certain water storage feasibility studies.
The bill includes a provision related to the Old and Middle
River reverse flow operations in California.
The bill includes a provision authorizing increased Old and
Middle River reverse flows in California during certain times.
The bill includes a provision regarding certain water
rights and water supply deliveries in California.
The bill includes a provision prohibiting the use of funds
for the San Joaquin River Restoration program.
The bill includes a provision prohibiting the use of funds
for instream flow purchases in California carried out by the
Bureau of Reclamation at certain times.
The bill includes a provision regarding water storage at
New Melones reservoir.
TITLE III--DEPARTMENT OF ENERGY
INTRODUCTION
Funds recommended in Title III provide for all Department
of Energy (DOE) programs, including Energy Efficiency and
Renewable Energy, Electricity Delivery and Energy Reliability,
Nuclear Energy, Fossil Energy Research and Development, Office
of Technology Transitions, Naval Petroleum and Oil Shale
Reserves, the Strategic Petroleum Reserve, 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, the Advanced Research Projects Agency--Energy,
Innovative Technology Loan Guarantee Program, Advanced
Technology Vehicle Manufacturing Loans Program, 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, 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
$31,503,903,000, as estimated by the Congressional Budget
Office, in fiscal year 2017 to fund programs in its four
primary mission areas: science, energy, environment, and
national security. The Department of Energy budget request is
$1,786,625,000 above fiscal year 2016.
The Committee's recommendation restructures the balance of
the bill to ensure inherently federal responsibilities, such as
national security, basic science activities, and environmental
cleanup, are supported, while investing in long-term research
to improve existing forms of energy production and to develop
new and innovative forms of energy for the nation's long-term
energy independence and prosperity.
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 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 included in
the table detailing the Committee's recommendation for the
Department of Energy's various accounts. 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
a general provision specifying which transfer authorities may
be used for accounts funded by this Act.
FINANCIAL REPORTING AND MANAGEMENT
The Department is still not in full 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 from fiscal year 2016 to submit a plan
to become fully compliant with this requirement.
Indirect Cost Reporting.--In the fiscal year 2014 Act, the
Congress directed an independent review of the effectiveness of
the national laboratories and provided several recommendations
to improve the Department's ability to meet current and future
energy and national security challenges. The reviewing
commission recommended that the Department provide greater
transparency into laboratory indirect costs by generating an
annual report on those costs. Such reporting, if used properly,
has the ability to improve management efficiency through more
rigorous analysis of indirect costs and enabling actions to
better control costs. In order to meet these goals to improve
efficiency and promote the transparency, accuracy, and
completeness of costs incurred at its national laboratories,
the Department is directed to provide to the Committees on
Appropriations of both Houses of Congress, on a semi-annual
basis using data from mid-fiscal year, and on an annual basis
using year-end data, a report that includes the following
elements: actual cost pool expense (beginning year estimate),
allocation base, overhead rate, actual cost pool revenue (or
recovery), the change in the rate, and surplus or deficit
variance in dollars of each of the indirect cost pools at each
of its national laboratories. The report shall cover the
entirety of the indirect cost pools used at each national
laboratory, including an accounting of these elements for
management fee, taxes, and laboratory-directed research and
development. The Committee expects this process will also have
the benefit of providing a complete and accurate allocation of
direct vs. indirect costs at each laboratory.
Alleviation of Poverty.--In its fiscal year 2016 report,
the Committee 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 Department is reminded that the Committee
continues to expect the report to be provided expeditiously.
Workplace Diversity.--The Committee recognizes the
importance of workplace diversity in the Department of Energy's
national laboratories. The Committee directs the Department to
provide a detailed plan on recruitment and retention of diverse
talent that includes outreach and recruitment programs at
Historically Black Colleges and Universities, Hispanic-Serving
Institutions, Asian and Pacific Islander Serving Institutions,
Predominantly Black Institutions, and other Minority Serving
Institutions. The plan shall be sent to the Committees on
Appropriations of both Houses of Congress within 120 days after
the enactment of this Act.
MANAGEMENT OF SPENT NUCLEAR FUEL AND DEFENSE WASTE
Despite the D.C. Circuit Court of Appeals ruling that the
Administration's refusal to finish the Yucca Mountain license
application was illegal, the Administration continues to
disregard current law regarding Yucca Mountain. The federal
government has a legal obligation to take responsibility for
civilian spent nuclear fuel and these actions to delay progress
toward Yucca Mountain increase the financial penalties
taxpayers will ultimately bear.
The Nuclear Regulatory Commission (NRC) has completed the
Safety Evaluation Report for the project finding no substantive
reasons that the Yucca Mountain Site cannot be completed. In
Volume 2, which covers safety before permanent closure, the NRC
concludes that with reasonable assurance, subject to proposed
conditions, the Department's application meets the NRC
regulatory requirements. The NRC is on track to deliver a
supplement this year to the Department's environmental impact
statement (EIS) on the proposed geologic repository for spent
nuclear fuel and high-level radioactive waste at Yucca Mountain
in Nevada. Previously, the NRC staff found the EIS prepared by
the Department did not adequately address all of the
repository-related effects on groundwater, or from surface
discharges of groundwater. In 2013, the Commission asked the
Department to prepare a supplement. Rather than comply with the
Court Order, the Department updated its analysis of potential
groundwater impacts after closure of a repository at the site.
The NRC staff will use this analysis to complete the
supplemental EIS that the Department refused to address.
Rather than comply with current law, the Administration's
fiscal year 2017 budget request once again attempts to fund
unauthorized alternatives for used nuclear fuel disposition
instead of moving forward with Yucca Mountain. The Department
requests funding to implement selected recommendations of the
Department's Strategy for the Management and Disposal of Used
Nuclear Fuel and High-Level Radioactive Waste, which was
informed by the Administration's Blue Ribbon Commission that by
its very charter did not examine the suitability of Yucca
Mountain as a permanent repository. This strategy is estimated
to cost $5,700,000,000 over the next ten years and proposes to
reform the current funding arrangement for the Department's
nuclear waste fund management program. The recommendation
rejects these non-Yucca proposals and makes clear that any
activities funded from the Nuclear Waste Fund must be in
support of Yucca Mountain.
To address the Administration's failure to execute current
law, the recommendation provides $150,000,000 within Nuclear
Waste Disposal to support the Yucca Mountain High-Level Waste
Geologic Repository and $20,000,000 within the Nuclear
Regulatory Commission to support the continued adjudication of
the Yucca Mountain license application. The Committee notes
that geological repositories in addition to Yucca Mountain will
be needed. If the Congress provides the authority for such
repositories, as well as for a consent-based siting process,
the Committee will consider support for such activities at that
time. In the meantime, the bill contains a prohibition on using
funds to close the Yucca Mountain license application or to
take actions that would irrevocably remove Yucca Mountain as an
option for a repository.
PROLIFERATION OF CENTERS
The Committee remains concerned with the Department's
continual proposals to establish new research centers reliant
on out-year funding commitments subject to future
appropriations. In fiscal year 2017, the Department proposed
funding two new Clean Energy Manufacturing Innovation
Institutes and a new Energy Innovation Hub. Furthermore, the
Department is requesting continued additional funding for the
BioEnergy Research Centers and the Energy Frontier Research
Centers. The funding of institutes constitutes a growing
portion of the Department's budget and represents a significant
out-year investment.
The Committee continues to support the ongoing review of
all existing research centers and urges the Department to take
a critical look at its portfolio to determine where
improvements can be made in its existing inventory of research
centers. Increasing budgets are not a guarantee. The Department
must be vigilant in ensuring that the out-year costs of these
centers do not diminish the Department's flexibility in
pursuing other research and development outside the scope of
existing centers.
The Committee reiterates its previous direction for the
Department to explicitly include in future budget
justifications for all centers, hubs, institutes, facilities,
and any other persistent, location-based grantees current and
proposed funding levels, expected out-year commitments, and
details on their programmatic and technical goals.
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.
EDUCATIONAL ACTIVITIES
The Department is prohibited from funding fellowship and
scholarship programs in fiscal year 2017 unless the programs
were explicitly included in the budget justification or funded
within this recommendation. Any new or ongoing programs that
the Department chooses to fund in fiscal year 2017 must be
detailed in the fiscal year 2017 budget justifications. This
direction shall be followed in future fiscal years unless
contradicted by the Committee.
REPROGRAMMING AND TRANSFER GUIDELINES
The Committee requires the Department to inform the
Committee promptly and fully 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 should 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 Committees on
Appropriations of both Houses of Congress 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 which includes moving previous appropriations
between appropriations accounts must be submitted to the
Committees on Appropriations of both Houses of Congress in
writing and may not be implemented prior to approval by the
Committees.
Transfers.--As in fiscal year 2016, 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.
COMMITTEE RECOMMENDATIONS
The Committee's recommendations for Department of Energy
programs in fiscal year 2017 are described in the following
sections. A detailed funding table is included at the end of
this title.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Appropriation, 2016................................... $2,073,000,000
Budget estimate, 2017................................. 2,898,400,000
Recommended, 2017..................................... 1,825,000,000
Comparison:
Appropriation, 2016............................... -248,000,000
Budget estimate, 2017............................. -1,073,400,000
Energy Efficiency and Renewable Energy (EERE) programs
include research, development, demonstration, and deployment
activities advancing energy efficiency and renewable energy
technologies, as well as federal energy assistance programs.
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.
The Committee directs EERE to offer technical and other
programmatic assistance to the Commonwealth of Puerto Rico to
support investment in innovative technologies to effectively
reduce power system emissions, efficiently treat wastewater,
and generate power from solid waste.
The Committee recognizes the importance of the Department's
work on the Energy-Water Nexus and as part of that effort, the
Committee encourages the Department to enter into an
interdepartmental agreement with the Department of Agriculture
for research to address the energy and water challenges
inherent in four-season production systems. This
interdepartmental agreement should integrate ongoing research
projects at the various DOE Labs and the Agricultural Research
Service to develop affordable, deployable, energy- and water-
efficient food production platforms, beginning in food-insecure
communities across the country. By working together, DOE and
the Department of Agriculture can bring respective strengths
and resources to designing the most desirable low-cost and
efficient production system.
Social Cost of Carbon.--The Department should not
promulgate any regulations in fiscal year 2017 using the May
2013 estimates for the social cost of carbon until a new
working group is convened. The working group should include the
relevant agencies and affected stakeholders, re-examine the
social cost of carbon using the best available science, and
revise the estimates using an accurate discount rate and
domestic estimate in accordance with E.O. 12866 and OMB
Circular A-4. To increase transparency, the working group
should solicit public comment prior to finalizing any updates.
SUSTAINABLE TRANSPORTATION
The Vehicle, Bioenergy, and Hydrogen and Fuel Cell
Technologies programs fund activities that can reduce American
exposure to future high oil prices. 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 future
high gas prices on Americans.
The Committee recommends $533,500,000 for Sustainable
Transportation, $102,450,000 below fiscal year 2016 and
$319,400,000 below the budget request.
Vehicle Technologies.--The Committee recommends
$268,000,000 for Vehicle Technologies, $42,000,000 below fiscal
year 2016 and $200,500,000 below the budget request. Within
available funds, the recommendation includes $20,000,000 to
continue the SuperTruck II program to further improve the
efficiency of heavy-duty class 8 long- and regional-haul
vehicles through up to four multi-year awards subject to future
availability of funds.
The recommendation provides $95,000,000 for Batteries and
Electric Drive Technology, of which $42,000,000 is for advanced
battery development, including up to $7,000,000 to continue
national laboratory performance testing and life cycle
diagnostic assessment activities that validate and verify
advanced battery performance.
The recommendation provides $42,500,000 for Outreach and
Development, of which $34,000,000 is for Deployment to support
ongoing alternative fuel, infrastructure, and vehicle
deployment activities. 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 each and
include at least one Clean Cities coalition partner.
Within available funds, the recommendation includes up to
$15,000,000 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. Additionally,
the Department is encouraged to address technical barriers to
the increased use of alternative fuel vehicles, including the
development of novel compression and liquefaction technologies,
advanced materials, and improvements in processes for
conditioning and dispensing natural gas.
Bioenergy Technologies.--The Committee recommends
$168,500,000 for Bioenergy Technologies, $56,500,000 below
fiscal year 2016 and $110,400,000 below the budget request.
Within available funds, the recommendation includes
$50,000,000 for Feedstocks, of which not less than $20,000,000
is for feedstock supply and logistics to address issues
limiting production and conversion systems at large. No funding
is for the joint initiative with the Navy and the Department of
Agriculture to develop commercial diesel and jet biofuels
production capacity for defense purposes.
The Committee encourages the Department to target
technologies that utilize biosolids that have the potential to
reduce the volume of waste materials, can produce byproducts to
meet chemical supply shortages, such as phosphorous, and can
enhance the subsequent development of technologies to deliver
important chemical feedstocks, including hydrogen.
The Committee directs the Department to provide funds,
within competitive procurements, for programs of scale-up and
demonstration of technology particularly suited to extract
fuels and fuel precursors from biosolids residue of wastewater
treatment plants serving small- and medium-sized urban areas.
The Committee notes the Department's efforts to develop a
Synthetic Biology Foundry and encourages the Department to
focus on research and development within the Bioenergy
Technologies Office that supports the Synthetic Biology
Foundry's strategic goals.
Hydrogen and Fuel Cell Technologies.--The Committee
recommends $97,000,000 for Hydrogen and Fuel Cell Technologies,
$3,950,000 below fiscal year 2016 and $8,500,000 below the
budget request.
Within available funds, the recommendation includes
$13,000,000 for Technology Validation, of which $2,000,000 is
for the EERE share of the integrated energy systems work with
the Office of Nuclear Energy and $7,000,000 is to enable
integrated energy systems using high and low temperature
electrolyzers with the intent of advancing the H2@Scale
concept.
The Committee recognizes the progress of the program and
expresses continued support for stationary, vehicle, motive,
and portable power applications of this technology. The
Department is encouraged to explore technologies that advance
the storage and transportation fuel distribution and retailing
systems.
The Committee recognizes the need to support the
development of alternative fueling infrastructure for U.S.
consumers. Accordingly, the Department is encouraged to
collaborate with the National Institute of Standards and
Technology to allow accurate measurement of hydrogen at fueling
stations.
The Department is encouraged to engage the appropriate
national laboratories to pursue novel advanced demonstrations
that validate how integrated, renewable hydrogen production and
storage infrastructure supports transportation and non-
transportation applications. The Department is directed to
submit not later than 180 days after the enactment of this Act
a report on its efforts to deploy hydrogen infrastructure. The
report should include a discussion of the Department's
coordination with other relevant agencies.
RENEWABLE ENERGY
The Solar Energy, Wind Energy, Water Power, and Geothermal
Technologies programs fund applied research, development, and
demonstration 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.
The Committee recommends $398,000,000 for Renewable Energy,
$80,050,000 below fiscal year 2016 and $222,600,000 below the
budget request.
Solar Energy.--The Committee recommends $197,000,000 for
Solar Energy, $44,600,000 below fiscal year 2016 and
$88,100,000 below the budget request. Within available funds,
the recommendation provides $64,000,000 for Photovoltaic
Research and Development and $15,000,000 for Balance of Systems
Soft Cost Reduction.
The Committee encourages the Department to research high
efficiency thin-film photovoltaics and processes for high-
speed, low-cost processing to produce stable and durable
materials. Research programs are encouraged to include
cooperation between industry and academia, and to include
advanced characterization, including optical characterization,
that enables development of strong correlations between
materials and device properties, and the photovoltaic power
performance of the working solar cells.
Wind Energy.--The Committee recommends $90,000,000 for Wind
Energy, $5,450,000 below fiscal year 2016 and $66,000,000 below
the budget request. Within available funds, the recommendation
provides $40,000,000 for the Offshore Wind Advanced Technology
Demonstration Project and $1,000,000 for the Wind for Schools
program.
The Committee recognizes the enormous potential of offshore
wind as a secure energy source for our country and encourages
the Department to prioritize the establishment of the proposed
Offshore Wind Research and Development Consortium to accelerate
fundamental offshore-specific research and development
activities.
The Committee is aware of efforts by the Wind Technologies
Office to work with U.S. industry to support the development of
main shaft and gearbox bearing technologies. The Committee
encourages the Department to collaborate with industry and to
consider investment into the development of new technologies
that advance critical bearing and gearbox technologies used in
wind turbines.
Water Power.--The Committee recommends $55,000,000 for
Water Power, $15,000,000 below fiscal year 2016 and $25,000,000
below the budget request. Within available funds, the
recommendation provides $37,000,000 for marine and hydrokinetic
technologies and $18,000,000 for conventional hydropower, of
which $6,600,000 is for the purposes of Section 242 of the
Energy Policy Act of 2005.
The Committee appreciates the Department's ongoing
exploration of marine and hydrokinetic technologies research.
The Committee directs the Department to submit not later than
120 days after the enactment of the Act a report on the past
allocation of funds, including demonstrating diversity in
possible public and private partnerships, and diversity in
regional locations for siting these new methods and
technologies.
The Committee supports the Hydropower Technologies
subprogram's HydroNEXT Initiative, including efforts to address
technology development challenges and critical environmental
and market challenges, such as permitting new hydropower
projects.
Geothermal Technologies.--The Committee recommends
$56,000,000 for Geothermal Technologies, $15,000,000 below
fiscal year 2016 and $43,500,000 below the budget request.
Within available funds, the recommendation provides $35,000,000
for ongoing activities for the Frontier Observatory for
Research in Geothermal Energy project.
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.
The Committee recommends $642,000,000 for Energy
Efficiency, $79,000,000 below fiscal year 2016 and $277,000,000
below the budget request.
Advanced Manufacturing.--The Committee recommends
$214,000,000 for Advanced Manufacturing, $14,500,000 below
fiscal year 2016 and $47,000,000 below the budget request.
Within available funds, the recommendation provides not less
than $4,205,000 for improvements in the steel industry; not
less than $20,000,000 for combined heat and power activities
relevant to industrial applications and energy savings in
manufacturing processes; and not less than $500,000 to continue
efforts furthering improvements in mechanical insulation.
For subprograms within Advanced Manufacturing, the
recommendation provides $124,000,000 for Advanced Manufacturing
Research and Development Facilities, of which $20,000,000 is
for the Critical Materials Energy Innovation Hub, $20,000,000
is for the Manufacturing Demonstration Facility and the Carbon
Fiber Test Facility, and $84,000,000 is for six Clean Energy
Manufacturing Innovation (CEMI) Institutes. No funding is
provided for the establishment of a Water Desalination Hub.
The recommendation supports the establishment of one new
CEMI Institute in fiscal year 2017, in addition to the five
established using fiscal years 2013, 2014, 2015, and 2016
funding. Should the Department propose funding for additional
CEMI Institutes in the future, the Committee directs that all
future budget justifications include a specific research topic
associated with a CEMI Institute, which will provide the
Committee with the necessary transparency to evaluate and
prioritize funding to ensure that only highly-effective centers
closely aligned with Advanced Manufacturing program missions
are funded.
The Committee urges the Department to continue its focus on
high temperature superconductors in light of their potential
for efficiently transmitting power over long distances from
remote energy generation sources, delivering more power to
metropolitan areas, and improving production of unconventional
petroleum reserves.
The Committee recognizes the importance of the textile
sector and believes that federal support for advanced textile
research is essential to maintaining the competitiveness of the
domestic textile and apparel industry. The Committee believes
that advanced textile research can develop more sustainable
manufacturing processes and technologies that will benefit
producers, foster the reshoring of textile jobs to the United
States, and reduce the global environmental impact of textile
manufacturing. The Committee therefore encourages the
Department to consider the need for competitively-funded
advanced textile manufacturing process research.
In the fiscal year 2016 report, the Committee directed the
Department to analyze the impact federal investment may have in
strengthening the availability and usage of lithium, including
low-sodium lithium metal. As the Committee awaits the results
of this study the Department is encouraged to explore ways in
which these upcoming recommendations can increase U.S. domestic
supply of lithium and low-sodium lithium metal.
Building Technologies.--The Committee recommends
$143,000,000 for Building Technologies, $57,500,000 below
fiscal year 2016 and $146,000,000 below the budget request.
Within available funds, the recommendation includes
$5,000,000 for research and development activities for small
scale combined heat and power systems that can be used for
residential and small commercial settings.
For the subprograms within Building Technologies, the
recommendation provides $28,000,000 for Commercial Buildings
Integration; $60,000,000 for Emerging Technologies, of which
$25,000,000 is for solid state lighting and, 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; and $35,000,000 for Equipment and Buildings
Standards. The Committee encourages the Department to continue
to support the Building America program.
Commercial buildings account for 19 percent of the energy
consumed in the United States.In order to improve energy
efficiency within this important market, a national program to
improve the energy efficiency of small- and medium-sized
commercial buildings is needed.Within available funds, the
Department is encouraged to support a competitive funding
opportunity for proposals that would test and replicate
innovative, cost-effective technologies and programs to achieve
deeper energy efficiency improvements in small- and medium-
sized commercial buildings.
The Committee notes that natural gas plays an important
role in meeting the energy needs of U.S. homes and commercial
buildings. In particular, the Committee is aware of research
opportunities related to the use of natural gas in water
heating, space conditioning, furnace venting, and combined heat
and power systems. The Committee encourages the Department 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 Committee is interested in understanding how the
Department plans to implement the energy conservation standard
for external power supplies (EPS). The Department's standard
resulted in certain products being brought into scope, even
though these products were not intended by Congress to be
included when Congress directed the Department to establish
energy conservation standards for EPS. The Committee will be
monitoring how the Department works with manufacturers and
Congress to resolve this issue.
Consistent with current policy, of the funds made available
for Building Technologies, the Department is directed not to
advocate, promote, or discourage the adoption or inclusion of a
particular building energy code or code provision, other than
the technical and economic analysis work required by statutory
mandate, or to provide funding to private third parties or non-
governmental organizations that engage in this type of
advocacy.
The Committee appreciates the work the Department has done
to date to consider the potential energy savings from
increasing energy efficiency of consumer electronic devices.
The Committee urges the Department to explore research and
development that would further reduce the energy consumption of
consumer electronics.
Federal Energy Management Program.--The Committee
recommends $20,000,000 for the Federal Energy Management
Program, $7,000,000 below fiscal year 2016 and $23,000,000
below the budget request.
Weatherization and Intergovernmental Programs.--The
Committee recommends $265,000,000 for Weatherization and
Intergovernmental Programs, the same as fiscal year 2016 and
$61,000,000 below the budget request.
The recommendation provides $212,000,000 for Weatherization
Assistance Grants, all of which is for formula grants;
$3,000,000 for Training and Technical Assistance; and
$50,000,000 for the State Energy Program.
The Committee directs the Department to develop guidance
under the Weatherization Assistance Program that approves solar
and other renewable energy systems as allowable weatherization
measures that States, Territories, and tribal governments may
include as part of their programs.
CORPORATE SUPPORT
The Program Direction, Strategic Programs, and Facilities
and Infrastructure budgets provide the 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.
The Committee recommends $251,500,000 for Corporate Support
programs, $13,500,000 above fiscal year 2016 and $39,400,000
below the budget request.
Program Direction.--The Committee recommends $149,500,000
for Program Direction, $5,500,000 below fiscal year 2016 and
$21,400,000 below the budget request.
Strategic Programs.--The Committee recommends $10,000,000
for Strategic Programs, of which $2,000,000 is for the U.S.-
Israel energy cooperative agreement. The Committee supports
expanded models of research and development cooperation under
the U.S.-Israel energy cooperative agreement and understands
there are commercially available technologies that use CO2 as
an input and that have the potential to create a market for
utility and industrial CO2. For example, the use of captured
CO2 as a feedstock to produce algae-based fuels, plastics,
chemicals, and other algae-based products is among the most
promising methods of beneficial utilization. The Committee
encourages the Department to implement policies that encourage
and incentivize the utilization of CO2 to make valuable
products and to support new models of jointly supported
research and development cooperation among government agencies
and through competitive programs.
Facilities and Infrastructure.--The Committee recommends
$92,000,000 for Facilities and Infrastructure, of which
$26,000,000 is for Operations and Maintenance, $36,000,000 is
for Facility Management, and $30,000,000 is for NREL Site-wide
Facility Support.
Electricity Delivery and Energy Reliability
Appropriation, 2016................................... $206,000,000
Budget estimate, 2017................................. 262,300,000
Recommended, 2017..................................... 225,000,000
Comparison:
Appropriation, 2016............................... +19,000,000
Budget estimate, 2017............................. -37,300,000
The Electricity Delivery and Energy Reliability program
advances technologies and provides operational support to
increase the efficiency, resilience, and security of the
nation's electricity delivery system. The power grid employs
aging technologies at a time when power demands, the deployment
of new intermittent technologies, and rising security threats
are imposing new stresses on the system. The Office of
Electricity Delivery and Energy Reliability aims to develop a
modern power grid by advancing cyber security technologies,
intelligent and high-efficiency grid components, and energy
storage systems.
Electricity Delivery and Energy Reliability Research and
Development.--The Committee recommends $181,500,000 for
Electricity Delivery and Energy Reliability Research and
Development, $20,000,000 above fiscal year 2016 and $16,200,000
above the budget request. Within available funds, the
recommendation provides $36,000,000 for Clean Energy
Transmission and Reliability, of which $4,000,000 is for the
Energy Systems Predictive Capability activity; $50,000,000 for
Smart Grid, including $15,000,000 for regional demonstrations
of on-site generation and micro grids; $31,000,000 for Energy
Storage; and $62,000,000 for cyber security for energy delivery
systems, of which $12,000,000 is to continue development of the
industry-scale electric grid test bed.
The Committee supports the Department's efforts to improve
electricity reliability and grid integration initiatives.
Accordingly, the Committee recommends the Department continue
efforts to establish one or more grid integration demonstration
modules. These projects should include a utility that has
experienced reliability problems in the past and serves a large
population; industrial and academic partners with appropriate
engineering capabilities in grid and energy storage
technologies in an area that could incorporate opportunities to
include solar and wind elements; and national laboratories
involved in the grid integration consortium.
The Committee is encouraged by the efforts of the
Department to develop the grid modernization crosscut activity
and is supportive of the valuable role of the Grid
Modernization Laboratory Consortium. The Committee encourages
the Department's continued coordination with the national
laboratories to ensure grid-related research is not
duplicative.
The Committee encourages the Department to prioritize the
development of computer simulation tools that can predict the
behavior of new technologies, such as variable generation and
electronic controls, on the grid.
The Committee notes the Department's past support in
advancing the grid using advanced semiconductor technology and
encourages the Department to continue this support.
Within Smart Grid Research and Development, the Committee
encourages the Department to explore options that promote
regional demonstration of new, utility-led, residential
Connected Communities for the purpose of advancing smart grid
systems.
Nuclear Energy
Appropriation, 2016................................... $986,161,000
Budget estimate, 2017................................. 993,896,000
Recommended, 2017..................................... 1,011,616,000
Comparison:
Appropriation, 2016............................... +25,455,000
Budget estimate, 2017............................. +17,720,000
Nuclear power generates approximately one-fifth of the
nation's electricity and will continue to be an important base-
load energy source in the future. The Department of Energy's
Nuclear Energy program invests in research, development, and
demonstration activities that develop the next generation of
clean and safe reactors, further improve the safety of our
current reactor fleet, and contribute to the nation's long-term
leadership in the global nuclear power industry.
NUCLEAR ENERGY RESEARCH AND DEVELOPMENT
The Committee provides $549,228,000 for Nuclear Energy
Research and Development, $16,610,000 above fiscal year 2016
and $6,920,000 above the budget request.
Nuclear Energy Enabling Technologies.--The Committee
recommends $121,400,000 for Nuclear Energy Enabling
Technologies, $9,800,000 above fiscal year 2016 and $31,890,000
above the budget request, of which not less than $9,800,000
shall be to support the implementation of the GAIN initiative.
Within available funds, the recommendation provides $28,000,000
for Crosscutting Technology Development, of which funding above
the request is provided for GAIN management, nuclear knowledge
and validation work, nuclear cyber activities, and integrated
energy systems and not less than $11,000,000 is provided for
advanced instrumentation; $28,200,000 for Nuclear Energy
Advanced Modeling and Simulation, of which funding above the
request is to increase TREAT validation efforts; $24,300,000
for the third year of the second five-year term of the Energy
Innovation Hub for Modeling and Simulation; and $31,100,000 for
the Nuclear Science User Facilities. Within available funds for
the Nuclear Science User Facilities, the Department shall
continue the focus on irradiation testing and examinations of
irradiated materials and is also encouraged to assess research
in thermal hydraulics, multi-physics code validation, and
advancements in instrumentation and data control systems.
Integrated University Program.--The Committee recommends
$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.
Small Modular Reactor (SMR) Licensing Technical Support.--
The Committee recommends $96,600,000 for SMR Licensing
Technical Support, $34,100,000 above fiscal year 2016 and
$7,000,000 above the budget request. Within funds above the
budget request the Committee encourages the Department to
continue to support design certification, site permitting,
first of a kind engineering, and related licensing activities
necessary to support the development and initial deployment of
small modular reactor technologies.
Reactor Concepts Research, Development, and
Demonstration.--The Committee recommends $140,000,000 for
Reactor Concepts Research, Development, and Demonstration,
$1,718,000 below fiscal year 2016 and $31,240,000 above the
budget request. Within available funds, the recommendation
provides $40,000,000 for Light Water Reactor Sustainability to
continue research and development work on the technical basis
for subsequent license renewal; and $100,000,000 for Advanced
Reactor Technologies to consist of the following activities:
$33,000,000 is for research of the fuel and graphite
qualification program for the High Temperature Gas Reactor;
$18,000,000 is follow-on funding for the continued development
of two performance-based advanced reactor concepts; and not
less than $5,000,000 is to support industry and national
laboratories collaborations to develop an advanced reactor
regulatory framework. The Department is encouraged to work with
the Nuclear Regulatory Commission in support of these
activities.
The Department shall continue to work with the National
Aeronautics and Space Administration (NASA) to ensure an
adequate supply of plutonium-238 is available for future NASA
space exploration missions.
Fuel Cycle Research and Development.--The Committee
recommends $177,228,000 for Fuel Cycle Research and
Development, $26,572,000 below fiscal year 2016 and $72,710,000
below the budget request. Within available funds, the
recommendation provides $62,100,000 for the Advanced Fuels
Program, of which $15,000,000 is for additional support of
feasibility studies for accident tolerant light water reactor
fuels and $20,000,000 is for additional support of capability
development of transient testing, including test design,
modeling, and simulation; $33,000,000 for Material Recovery and
Waste Form Development to maintain U.S. competency in the area
of fuel cycle technologies; and $13,000,000 for Systems
Analysis and Integration, of which funding above the request is
to assess advanced nuclear energy deployment scenarios.
The recommendation provides $61,128,000 for Used Nuclear
Fuel Disposition (UNFD), $23,872,000 below fiscal year 2016 and
$89,510,000 below the budget request. The recommendation
provides $61,128,000 to continue generic UNFD research and
development activities, $872,000 below fiscal year 2016 and
$13,210,000 below the budget request. Within available funds,
the recommendation provides $6,000,000 to support activities to
design and certify a rail car or cars for use with licensed and
anticipated transportation casks; and $12,000,000 to support
preparation activities for testing of high burnup fuel and
post-irradiation examination of spent fuel rods for the high
burnup demonstration project.
Yucca remains the law of the land yet the Department has
requested no funding for its development. Instead, the
Department has again proposed large increases for new
activities that ignore the significant investments made to
ensure that the plans for Yucca enable safe and reliable
storage for high-level waste and spent nuclear fuel. The
Committee rejects this approach and provides no funds for
integrated waste management system activities. Furthermore,
within the amounts for UNFD, the recommendation does not
include defense funds.
RADIOLOGICAL FACILITIES MANAGEMENT
The Committee recommends $7,000,000 for Radiological
Facilities Management, $17,800,000 below fiscal year 2016 and
the same as the budget request, to support the continued
operation of U.S. research reactors by providing research
reactor fuel services and maintenance of fuel fabrication
equipment.
IDAHO FACILITIES MANAGEMENT
The Committee recommends $246,085,000 for Idaho Facilities
Management, $23,503,000 above fiscal year 2016 and $19,500,000
above the budget request.
INL Operations and Infrastructure.--The Committee
recommends $240,085,000 for INL Operations and Infrastructure,
$19,503,000 above fiscal year 2016 and $19,500,000 above the
budget request. Within available funds, the recommendation
includes the requested level of defense funding; $10,000,000
for design and construction of the Advanced Test Reactor
technical support building to support reactor core internal
change-out, reliability improvement, and provide mock-up space
for the nuclear demonstration platform; $5,000,000 to implement
MFC Five Year Plan life cycle management activities for the
resolution of age related issues to improve facility
reliability and utilization; and $5,000,000 for engineering and
technical activities required to advance fuel and materials
post irradiation examination capabilities.
Construction.--The Committee recommends $6,000,000 for
Construction, $4,000,000 above fiscal year 2016 and the same as
the request.
IDAHO SITEWIDE SAFEGUARDS AND SECURITY
The Committee recommends $129,303,000 for Idaho Sitewide
Safeguards and Security, $3,142,000 above fiscal year 2016 and
the same as the budget request.
SUPERCRITICAL TRANSFORMATIONAL ELECTRIC POWER GENERATION
The Committee recommends $6,000,000 for the Supercritical
Transformational Electric Power (STEP) Generation Initiative,
$1,000,000 above fiscal year 2016, to develop and scale up
advanced supercritical carbon dioxide Brayton Cycle energy
conversion technologies to pre-commercial pilot demonstration
to facilitate commercial development. This is a joint
initiative with the Office of Fossil Energy and the Solar
Energy program within the Office of Energy Efficiency and
Renewable Energy.
Fossil Energy Research and Development
Appropriation, 2016................................... $632,000,000
Budget estimate, 2017................................. 360,000,000
Recommended, 2017..................................... 645,000,000
Comparison:
Appropriation, 2016............................... +13,000,000
Budget estimate, 2017............................. +285,000,000
Fossil energy resources, such as coal, oil, and natural
gas, generate approximately 67 percent of the nation's
electricity and will continue to provide for the majority of
our 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. At a time when fossil fuel power
generation is expanding around the globe, the activities funded
within this program advance our nation's position as a leader
in fossil energy technologies and ensure that we use the full
extent of our domestic resources safely and efficiently.
In order to ensure the efficient use of existing fossil
energy resources and to deliver safe and responsible uses of
untapped domestic resources, the Office of Fossil Energy must
remain one of the highest priorities of the Department. The
Department's past research and development efforts have helped
usher in technological developments responsible for the
production increases seen today. The Committee recommendation
increases funding in these areas to ensure these technological
advances continue to occur and help American industry maintain
leadership in the global marketplace for fossil energy
technologies.
COAL--CCS AND POWER SYSTEMS
The Committee recommends $442,000,000 for Coal Carbon
Capture and Storage (CCS) and Power Systems, $12,000,000 above
fiscal year 2016 and $70,323,000 above the budget request. The
Department is directed to use funds within the coal program
only for coal research and development, with the exception of
the Supercritical Transformational Electric Power Generation
Initiative, which has applications to all high-temperature
fossil heat sources.
The Committee notes the Department proposed a
reorganization of the Fossil Energy account that combines the
coal and natural gas research and development activities into
one program and proposed moving other activities into new
budget lines called ``NETL Research and Operations'' and ``NETL
Infrastructure''. The recommendation rejects the proposed
combination and continues its separation of fuel categories in
different accounts but accepts some of the proposed accounting
changes to the National Energy Technology Laboratory (NETL) in
order to better display the total funding that the Fossil
Energy Research and Development program provides to NETL.
Carbon Capture.--The Committee recommends $109,200,000 for
Carbon Capture, $8,200,000 above fiscal year 2016 and the same
as the budget request.
Carbon Storage.--The Committee recommends $85,500,000 for
Carbon Storage, $20,500,000 below fiscal year 2016 and
$5,375,000 below the budget request. Within available funds,
the recommendation provides $25,000,000 for Geologic Storage
Technologies; $2,000,000 for Carbon Use and Reuse; $13,500,000
for Carbon Sequestration Science; and $45,000,000 for Storage
Infrastructure, of which funding above the request is for
additional support of detailed site assessments for potential
storage sites.
Advanced Energy Systems.--The Committee recommends
$110,000,000 for Advanced Energy Systems, $5,000,000 above
fiscal year 2016 and $56,348,000 above the budget request.
Within available funds, the recommendation provides $30,000,000
for Advanced Combustion Systems; $30,000,000 for Gasification
Systems, of which $8,000,000 is for the Advanced Air Separation
Program to continue activities improving advanced air
separation technologies; $15,000,000 for Advanced Turbines;
$5,000,000 for coal-biomass to liquids activities, which seek
to produce liquid fuels from blends of domestic coal and
biomass resources with reduced emissions and land and water use
through integration of carbon capture and other technologies;
and $30,000,000 for Solid Oxide Fuel Cells, to focus on
research and development to enable efficient, cost-effective
electricity generation with minimal use of water, and the use
of abundant domestic coal and natural gas resources with near-
zero atmospheric emissions of CO2 and pollutants.
The Committee urges the Department to fund research and
development activities to improve the efficiency of gas
turbines used in power generation systems, working
cooperatively with industry, small business, universities, and
other appropriate parties.
The Committee recognizes and commends the Department on its
efforts to date to develop step change solid state reforming
technology that promises to make utilization of fossil fuels
like coal and natural gas more efficient. In order to advance
the application of solid state reforming technology, the
Committee recommends the Department support field pilot
programs to advance this technology to commercial success.
Crosscutting Research.--The Committee recommends
$60,000,000 for Crosscutting Research, $10,000,000 above fiscal
year 2016 and $1,350,000 above the budget request. Within
available funds, the recommendation provides $24,000,000 for
Coal Utilization Science and $31,050,000 for Plant Optimization
Technologies, of which $9,000,000 is for the Advanced
Ultrasupercritical Program to identify, test, qualify, and
develop domestic suppliers capable of producing components from
high temperature materials and $15,800,000 is for water
management research and development. The Committee encourages
the Department to advance technologies that address near-term
water needs to treat wastewater or other alternate water
sources from operating coal power plants.
The Committee supports the Department's Historically Black
Colleges and Universities and Hispanic-Serving Institutions
education and training program and recommends $1,000,000, the
same as the budget request, to award research grants to
qualifying universities and institutions.
The Committee is pleased with the Department's progress to
date on studying the volatility of crude oil and methods to
reduce volatility before shipping. The Committee directs the
Department of Energy to continue this research in partnership
with the Department of Transportation to improve the safety of
crude oil transported by rail in this country.
NETL Coal Research and Development.--The Committee
recommends $53,000,000 for NETL Coal Research and Development,
the same as fiscal year 2016 and $18,000,000 above the budget
request.
The recommendation includes $15,000,000 for the Department
to expand its external agency activities to develop and test
commercially viable advanced separation technologies at proof-
of-concept or pilot scale that can be deployed near term for
the extraction and recovery of rare earth elements and minerals
from U.S. coal and coal byproduct sourceshaving the highest
potential for success. The Committee encourages the Department
to leverage the capabilities of outside applied researchers in
implementing these activities.
Supercritical Transformational Electric Power (STEP)
Generation Initiative.--The Committee recommends $24,300,000
within Fossil Energy for the STEP Initiative, a joint
initiative with the Office of Nuclear Energy and the Solar
Energy program within the Office of Energy Efficiency and
Renewable Energy to spur the development of the necessary
designs, materials, components, operation and control systems,
sensors, and understanding and characterization for large scale
supercritical carbon dioxide power conversion.
The supercritical carbon dioxide Brayton cycle energy
conversion system transforms heat energy through use of a
supercritical fluid medium with no condensation rather than
through steam and water and offers the possibility of higher
cycle efficiency over steam turbines by increasing turbine
inlet temperatures. Funding for fiscal year 2017 will support
design and construction activities for the STEP facility and
develop a targeted research and development program plan. In
addition to funds provided for the Office of Fossil Energy for
the STEP Initiative, $6,000,000 is included for the Office of
Nuclear Energy to support the technology development of
supercritical carbon dioxide-based power conversion from
nuclear energy. Previous funds were utilized by the Solar
Energy program to assist with coordination activities.
NATURAL GAS TECHNOLOGIES
The Committee recommends $24,700,000 for Natural Gas
Technologies, $18,300,000 below fiscal year 2016 and
$32,800,000 below the budget request.
Natural Gas Carbon Capture.--The Committee provides no
funds for this new activity.
Research.--The Committee recommends $24,700,000 for Natural
Gas Technologies Research. Within available funds, the
recommendation provides $10,000,000 for research into the cost-
effective and responsible extraction of methane hydrates, a
vast but currently inaccessible resource with total energy
reserves that rival those from all other known fossil fuels
combined; $6,000,000 for Environmentally Prudent Development;
$5,200,000 for the Risk Based Data Management System; and
$3,500,000 for midstream natural gas infrastructure research
and development. The Committee encourages the Department to
examine activities within midstream natural gas infrastructure
research and development that curtail methane gas emissions
from flaring and venting in shale formations. Additionally, the
Department is encouraged to explore methane leakage
technologies, including acoustic monitoring, in planned
research.
UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES
The Committee recommends $20,000,000 for Unconventional
Fossil Energy Technologies, $321,000 below fiscal year 2016 and
$20,000,000 above the budget request. Within available funds,
the recommendation provides $10,000,000 for two or more
research awards to address issues associated with emerging
shale plays in the U.S. The funding shall be awarded to either
a not-for-profit or university based consortium. The consortium
must be comprised of industry, academia, and stakeholder groups
which may include NGOs. The projects shall include research
studies to improve environmental, water quality,
infrastructure, and societal impacts of oil and gas development
in these emerging plays. These plays shall include
unconventional or shale formations where there is currently
less than 50,000 barrels per day (equivalent) production. The
objective of the awards is to encourage prudent development,
provide cost effective solutions, and develop best practices
and tools.
The Committee encourages the Department to explore the
demonstration and deployment of new materials-based
technologies that improve multiple mechanisms for enhanced oil
recovery at any depth while also reducing environmental
impacts.
Prior investment has led to the current shale gas
revolution and continued research and development is vital for
the environmentally responsible development of this resource.
Therefore, the Committee urges the Department to continue the
successful work at the existing field test sites.
The Department is directed to issue a report on the
feasibility of establishing an ethane storage and distribution
hub in the United States, given the increased production of
natural gas liquids (NGLs) from shale developments and
recognizing that ethane is the largest component of those NGLs.
The report should examine potential locations, economic
feasibility, economic benefits, geologic storage capabilities,
above ground storage capabilities, infrastructure needs, and
benefits to energy security.
NETL RESEARCH AND OPERATIONS
The Committee recommends $44,984,000 for NETL Research and
Operations. This new budget line includes funds that were
formerly in the Program Direction account for the Office of
Fossil Energy Research and Development.
NETL INFRASTRUCTURE
The Committee recommends $53,141,000 for NETL
Infrastructure. Within available funds, the recommendation
provides $5,500,000 for NETL's Supercomputer, Joule. The
Committee notes that the Department requested $16,500,000 to
purchase all of Joule's hardware upgrades in fiscal year 2017,
rather than spread these purchases out over a three year
period.
Office of Technology Transitions
Appropriation, 2016................................... $- - -
Budget estimate, 2017................................. 8,400,000
Recommended, 2017..................................... 7,000,000
Comparison:
Appropriation, 2016............................... +7,000,000
Budget estimate, 2017............................. -1,400,000
The mission of the Office of Technology Transitions is to
expand the commercial impact of the Department's research,
development, demonstration, and deployment activities over the
short, medium, and long term. The Office of Technology
Transitions coordinates early-stage technology transition
activities within the Department to improve the eventual
deployment and commercialization of energy technologies by the
private sector. These activities span the work of the national
laboratories and external stakeholders conducting research
funded by the Department.
Naval Petroleum and Oil Shale Reserves
Appropriation, 2016................................... $17,500,000
Budget estimate, 2017................................. 14,950,000
Recommended, 2017..................................... 14,950,000
Comparison:
Appropriation, 2016............................... -2,550,000
Budget estimate, 2017............................. - - -
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.
The fiscal year 2017 budget request supports post-sale
legacy environmental clean-up and remediation, contract
closeout, and records disposition at NPR 1. It also supports
landfill remediation and closure at NPR 3.
Strategic Petroleum Reserve
Appropriation, 2016................................... $212,000,000
Budget estimate, 2017................................. 257,000,000
Recommended, 2017..................................... 257,000,000
Comparison:
Appropriation, 2016............................... +45,000,000
Budget estimate, 2017............................. - - -
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 U.S. and to carry out
obligations under the international energy program. The current
capacity of the Reserve is 714 million barrels. The current
inventory is approximately 695 million barrels or approximately
149 days of net import protection for the United States
economy.
The Committee recommendation for the Strategic Petroleum
Reserve is $257,000,000. The funding increase above fiscal year
2016 is primarily for the major maintenance program, to address
aging infrastructure and deferred maintenance backlog.
On April 5, 2016, the Administration submitted a budget
amendment proposing to drawdown and sell oil from the Reserve,
deposit the proceeds into the Energy Security and
Infrastructure Modernization Fund, and use the funds to carry
out construction, maintenance, repair, and replacement
activities of the Reserve. The Committee needs sufficient time
to review this proposal, and, therefore, it is not included in
the recommendation at this time. The Committee may consider
inclusion at a later date, if additional review shows it to be
advisable.
Northeast Home Heating Oil Reserve
Appropriation, 2016................................... $7,600,000
Budget estimate, 2017................................. 6,500,000
Recommended, 2017..................................... 6,500,000
Comparison:
Appropriation, 2016............................... -1,100,000
Budget estimate, 2017............................. - - -
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 reserve
contains one million barrels of Ultra Low Sulfur Diesel which
is the equivalent of three to four days of emergency stocks in
the Northeast.
The Committee recommendation for the Northeast Home Heating
Oil Reserve is $6,500,000. The Department also plans to use
$4,000,000 in prior-year balances to help fund the costs
associated with newly awarded commercial storage contracts.
Energy Information Administration
Appropriation, 2016................................... $122,000,000
Budget estimate, 2017................................. 131,125,000
Recommended, 2017..................................... 122,000,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -9,125,000
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.
Non-Defense Environmental Cleanup
Appropriation, 2016................................... $255,000,000
Budget estimate, 2017................................. 218,400,000
Recommended, 2017..................................... 226,745,000
Comparison:
Appropriation, 2016............................... -28,255,000
Budget estimate, 2017............................. +8,345,000
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.--Within Small Sites, $5,500,000 is provided to
complete a pilot project to decommission and decontaminate the
Southwest Experimental Fast Oxide Reactor, as authorized by the
Energy Policy Act of 2005. As previously directed in fiscal
year 2016, the Department is directed to utilize innovative
contracting strategies to demolish, dismantle, and dispose of
contaminated above-grade structures for the purposes of
minimizing annual site maintenance requirements in order to
meet the intent of the authorized project while containing
costs within the authorized limit of $16,000,000.
Also within Small Sites, $37,629,000 is for the Moab
Uranium Mill Tailings Remedial Action roject, the same as
fiscal year 2016 and $2,845,000 above the request.
Uranium Enrichment Decontamination and Decommissioning Fund
Appropriation, 2016................................... $673,749,000
Budget estimate, 2017................................. - - -
Recommended, 2017..................................... 698,540,000
Comparison:
Appropriation, 2016............................... +24,791,000
Budget estimate, 2017............................. +698,540,000
The Uranium Enrichment Decontamination and Decommissioning
Fund was established by the Energy Policy Act of 1992 to pay
for the cleanup of gaseous diffusion plants at Portsmouth,
Ohio; Paducah, Kentucky; and the East Tennessee Technology
Park, in Oak Ridge, Tennessee. The recommendation does not
include a legislative provision to revise the authorized
purposes of the mandatory USEC Privatization Fund in lieu of
providing discretionary funds to support ongoing cleanup
activities of the Uranium Enrichment Decontamination and
Decommissioning Fund in fiscal year 2017. The Committee rejects
the Administration's request to zero out discretionary funding
for such necessary activities without an authorized source of
funds that is already established in law. If similar
legislative proposals are sought in the future, the Department
is directed to ensure sufficient funds are included in the
budget request to provide continuity of operations while the
committees of jurisdiction consider such proposals.
Decontamination and Decommissioning (D&D).--The Committee
recommendation includes an overall increase above the fiscal
year 2016 amounts for D&D activities to support increases
needed to expeditiously complete transition activities at
Paducah, to support operations and accelerate the completion of
the On-Site Waste Disposal Facility at Portsmouth, and to
sustain momentum at the East Tennessee Technology Park.
Paducah.--The Committee encourages the Department to
develop plans for the contract period beyond July 2017 when the
current deactivation contract is scheduled to expire. The
Committee urges the Department to act quickly to obtain a new
contract for D&D to ensure continuity and reduce local economic
uncertainty. The Committee has heard from national and local
stakeholders that longer-term contracts, rather than the three
year contract currently issued for Paducah, would be of value
to all parties.
Title X Uranium/Thorium Reimbursements.--The Committee
recommends $32,959,000, to reimburse private licensees for the
cost of cleaning up uranium and thorium processing sites in
accordance with Title X of the Energy Policy Act of 1992, the
same as fiscal year 2016. Fulfilling the obligation to fully
reimburse licensees is important to the health and safety of
the impacted communities. Moving forward, the Committee expects
the Department of Energy to continue to provide sufficient
resources within future budgets to reimburse licensees for
approved claim balances in a timely manner and to avoid
accumulating balances and liabilities.
Science
Appropriation, 2016................................... $5,350,200,000
Budget estimate, 2017................................. 5,572,069,000
Recommended, 2017..................................... 5,400,000,000
Comparison:
Appropriation, 2016............................... +49,800,000
Budget estimate, 2017............................. -172,069,000
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. The Office of Science
is the nation's largest supporter of basic research in the
physical sciences.
The Science program office includes 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 2017,
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.
However, 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.
The Committee is concerned that despite significant federal
investments in scientific research, public access to the
published results of this taxpayer-funded research is limited.
The Committee directs the Department to adopt a federal
research public access policy that is consistent with and
advances the purposes of the Department. The Department shall
submit to the Committees on Appropriations of both Houses of
Congress not later than 60 days after the enactment of this Act
a report regarding the appropriate efforts to adopt this
Federal research public access policy.
The Committee recognizes the importance of workplace
diversity in the Department of Energy's national laboratories.
The Committee encourages the Department to continue to develop
and broaden partnerships with minority serving institutions,
including Hispanic-Serving Institutions and Historically Black
Colleges and Universities. In particular, the Committee
encourages programs involving undergraduate research
experiences and high-speed computing access and education.
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. The Committee recommends $621,000,000 for
Advanced Scientific Computing Research, the same as fiscal year
2016 and $42,180,000 below the budget request.
Exascale Computing.--The recommendation includes
$151,000,000 for exascale activities.
High Performance Computing and Network Facilities.--In
addition to the long-term exascale intiative, the Committee
supports continued upgrade and operation of the Leadership
Computing Facilities at Argonne and Oak Ridge national
laboratories and of the High Performance Production Computing
capabilities at Lawrence Berkeley national laboratory. The
recommendation includes $80,000,000 for the Argonne Leadership
Computing Facility, $110,000,000 for the Oak Ridge Leadership
Computing Facility, and $92,145,000 for the National Energy
Research Scientific Computing Center at Lawrence Berkeley
National Laboratory. Within available funds, the recommendation
includes $8,000,000 for the Computational Science Graduate
Fellowship Program and $45,000,000 for ESnet.
The Committee notes that reducing the energy cost of data
movement from memory and storage is of key importance to the
evolution of high performance computing. Within available
funds, up to $20,000,000 shall be focused on meeting the
challenges surrounding memory and storage architecture.
The Committee encourages the Department to further the
development of cryptographic systems that are secure against
both quantum and classical computers and can interoperate with
existing communications protocols and networks.
Brain Initiative.--The Committee encourages the Department
to work with the National Science Foundation and the National
Institutes of Health on a national brain observatory to
leverage its high performance computing capabilities in order
to advance a deeper understanding of the brain and how it
works. This collaboration will lead to novel brain imaging
technologies and brain inspired computing applications that
will improve the Department's high performance computing
capabilities and expertise. However, while the Committee
supports this collaboration, the recommendation does not
include the requested $9,000,000 to support the Brain
Initiative. The Department's request would displace other
activities and the Committee prefers that research awards in
support of the Brain Initiative follow the same competitive
process as other research proposals given the high demand for
experimentation time on the Department's high performance
computing facilities.
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. The Committee recommends
$1,859,972,000 for Basic Energy Sciences, $10,972,000 above
fiscal year 2016 and $76,758,000 below the budget request.
The program's budget consists of funding for research, the
operation of existing user facilities, and the design,
procurement, and construction of new facilities and equipment.
The long-term success of the program hinges on striking a
careful balance among these three areas. However, the
increasing level of research commitments and completion of new
facilities make it difficult to adequately fund all three
components of the Basic Energy Sciences program within existing
budgetary constraints. The Committee strongly cautions the
Department against assuming an ever-increasing budget when
planning the balance among facility runtime, construction, and
research funding.
Research.--The Committee recommends $1,669,972,000 for
Basic Energy Sciences research, $21,272,000 above fiscal year
2016 and $76,758,000 below the budget request.
Within available funds for materials science and
engineering research, the recommendation includes $97,800,000
for Energy Frontier Research Centers; $10,000,000 for the
Experimental Program to Stimulate Competitive Research;
$12,000,000 for Computational Materials Sciences; and the
requested level of $24,088,000 for the fifth year of the
Batteries and Energy Storage Innovation Hub.
The Committee encourages the Department to support ongoing
research in polymers and optoelectronics.
Within available funds for chemical sciences, geosciences,
and biosciences, the recommendation includes the requested
level of $15,000,000 for the second year of the second five-
year term of the Fuels from Sunlight Innovation Hub.
For scientific user facilities, the recommendation includes
$978,529,000, of which $35,000,000 is for the Advanced Photon
Source upgrade. The recommendation includes the requested
levels for facilities operations of the nation's synchrotron
radiation light sources, high flux neutron sources, and
nanoscale science research centers.
Construction.--The Committee recommends $190,000,000 for
Basic Energy Sciences construction.
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 Committee recommends $595,000,000 for Biological
and Environmental Research, $14,000,000 below fiscal year 2016
and $66,920,000 below the budget request. The Committee
encourages the Department to give priority to optimizing the
operation of BER user facilities.
The recommendation includes $80,000,000 for the final year
of the second five-year term of the three Bioenergy Research
Centers.
The Committee continues to support the Department's funding
for academia to perform climate model studies that include the
collection and evaluation of atmospheric data from satellite
observations obtained in cooperation with NASA. Satellite
observations of the atmosphere within the context of the Earth
as a global system provide information that is critical in the
interpretation of earth-based observations.
FUSION ENERGY SCIENCES
The Fusion Energy Sciences program supports basic research
and experimentation aiming to harness nuclear fusion for energy
production. The Committee recommends $450,000,000 for Fusion
Energy Sciences, $12,000,000 above fiscal year 2016 and
$51,822,000 above the budget request. Within available funds,
the recommendation provides not less than $74,090,000 for the
National Spherical Torus Experiment (NSTX) and not less than
$82,100,000 for DIII-D.
University-led research helps further U.S. research in
fusion energy and trains the next generation of scientists. The
Department shall submit not later than 180 days after the
enactment of this Act a report summarizing the Fusion Energy
Sciences program's current collaboration with universities and
an explanation for its relevant funding allocations.
Research.--The Committee recommends $207,027,000 for
burning plasma science foundations; $41,569,000 for burning
plasma science long pulse; and $76,404,000 for discovery plasma
science. Within available funds, the recommendation provides
$15,000,000 for International Research; $18,000,000 for High
Energy Density Laboratory Plasmas; $25,000,000 for Theory; and
$15,000,000 for Scientific Discovery through Advanced
Computing.
The Committee supports the fusion energy science
community's continued efforts hosting workshops to advance and
plan for the long term vision of the fusion energy sciences
field. The Department is directed to hold additional workshops
and submit not later than 180 days after the enactment of this
Act a report summarizing these efforts.
Construction.--The Committee recommends $125,000,000 for
the U.S. contribution to the ITER project.
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. However, cost increases and major schedule
delays have brought uncertainty as to whether the project may
still be completed within a reasonable baseline. The fiscal
year 2016 Act included language directing the Secretary to
recommend by May 2, 2016, that the U.S. either remain a partner
in the ITER project or terminate its participation. The
Committee notes that the Secretary's recommendation may require
a change to the recommended level of funding for the ITER
project and awaits the decision.
The Committee directs the Department to submit not later
than December 1, 2016, a follow-up report to its May 2, 2016,
report updating findings on its ITER recommendations.
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. The Committee recommends $823,009,000 for High
Energy Physics, $28,009,000 above fiscal year 2016 and
$5,012,000 above the budget request.
Research.--The Committee recommends $729,509,000 for High
Energy Physics research, $609,000 above fiscal year 2016 and
$33,000 above the budget request.
The Committee strongly supports the Department's efforts to
advance the recommendations of the Particle Physics
Prioritization Panel and urges the Department to maintain a
careful balance among competing priorities and among small,
medium, and large scale projects.
For energy frontier experimental physics, the
recommendation provides $151,031,000.
For intensity frontier experimental physics, the
recommendation provides $234,144,000. Within available funds,
the recommendation provides $15,220,000 for PIP-II.
For cosmic frontier experimental physics, the
recommendation provides $130,069,000. Within available funds,
the recommendation provides $70,200,000 for Projects, of which
$45,000,000 is for the Large Synoptic Survey Telescope Camera
and $23,500,000 is for the dark energy and dark matter
experiments.
Construction.--The Committee recommends $93,500,000 for
High Energy Physics construction. Within available funds, the
recommendation includes $43,500,000 for the Muon to Electron
Conversion Experiment and $50,000,000 for the Long Baseline
Neutrino Facility (LBNF). The Committee recognizes the
importance of LBNF to maintaining American leadership in the
intensity frontier and to basic science discovery of neutrino
and standard model physics. However, the Committee also
recognizes that LBNF construction must be affordable under
existing budgetary constraints.
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. The Committee recommends
$620,000,000 for Nuclear Physics, $2,900,000 above fiscal year
2016 and $15,658,000 below the budget request.
Operations and Maintenance.--The Committee recommends
$520,000,000 for Nuclear Physics Operations and Maintenance.
Within available funds, the Department is encouraged to fund
optimal operations at Thomas Jefferson National Accelerator
Facility to support runtime at the 12GeV Continuous Electron
Beam Accelerator Facility and at Brookhaven National Laboratory
to support runtime at the Relativistic Heavy Ion Collider.
Construction.--The Committee recommends $100,000,000 for
the Facility for Rare Isotope Beams at Michigan State
University.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The Committee recommends $20,925,000 for workforce
development for teachers and scientists, $1,425,000 above
fiscal year 2016 and the same as the budget request.
SCIENCE LABORATORIES INFRASTRUCTURE
The Committee recommends $122,397,000 for Science
Laboratories Infrastructure, $8,797,000 above fiscal year 2016
and $7,603,000 below the budget request.
Construction.--The Committee recommends $63,451,000 for
Science Laboratories Infrastructure construction. The
Department is directed to invest in new construction and
infrastructure improvements that save money over the long term,
modernize outdated facilities, and optimize scientific output.
SAFEGUARDS AND SECURITY
The Committee recommends $103,000,000 to meet safeguards
and security requirements at Office of Science facilities, the
same as fiscal year 2016 and the budget request.
SCIENCE PROGRAM DIRECTION
The Committee recommends $184,697,000 for Science Program
Direction, $303,000 below fiscal year 2016 and $19,784,000
below the request.
Nuclear Waste Disposal
Appropriation, 2016................................... $- - -
Budget estimate, 2017................................. - - -
Recommended, 2017..................................... 150,000,000
Comparison:
Appropriation, 2016............................... +150,000,000
Budget estimate, 2017............................. +150,000,000
The Committee recommendation includes $150,000,000 for
Nuclear Waste Disposal to continue the Department of Energy's
statutorily required activities for the Yucca Mountain license
application. Within available funds, the Department is directed
to reestablish its capability to respond to the Nuclear
Regulatory Commission during the adjudicatory process, and to
otherwise fully support the Yucca Mountain licensing process.
The recommendation includes support for affected units of local
government who have formally consented to host Yucca Mountain.
The Committee reiterates that the Administration's repeated
statements that Yucca Mountain is not a ``workable option''
ignores both the consent of the host community and the
expressed intent of Congress.
Advanced Research Projects Agency--Energy
Appropriation, 2016................................... $291,000,000
Budget estimate, 2017................................. 350,000,000
Recommended, 2017..................................... 305,889,000
Comparison:
Appropriation, 2016............................... +14,889,000
Budget estimate, 2017............................. -44,111,000
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 and energy security challenges. Projects
funded by ARPA-E include such wide-ranging areas 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
improvements in petroleum refining processes.
Title 17 Innovative Technology Loan Guarantee Program
ADMINISTRATIVE EXPENSES
GROSS APPROPRIATION
Appropriation, 2016................................... $42,000,000
Budget estimate, 2017................................. 37,000,000
Recommended, 2017..................................... 37,000,000
Comparison:
Appropriation, 2016............................... -5,000,000
Budget estimate, 2017............................. - - -
OFFSETTING COLLECTIONS
Appropriation, 2016................................... $-25,000,000
Budget estimate, 2017................................. -30,000,000
Recommended, 2017..................................... -30,000,000
Comparison:
Appropriation, 2016............................... -5,000,000
Budget estimate, 2017............................. - - -
PROPOSED CHANGE IN SUBSIDY COST
Appropriation, 2016................................... $- - -
Budget estimate, 2017................................. 1,020,000,000
Recommended, 2017..................................... - - -
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -1,020,000,000
NET APPROPRIATION
Appropriation, 2016................................... $17,000,000
Budget estimate, 2017................................. 1,027,000,000
Recommended, 2017..................................... 7,000,000
Comparison:
Appropriation, 2016............................... -10,000,000
Budget estimate, 2017............................. -1,020,000,000
The Committee recommends administrative expenses of
$37,000,000, which are offset by fees collected pursuant to
section 1702(h) of the Energy Policy Act, for a final net
appropriation of $7,000,000. The Committee does not provide the
additional loan authority requested in the budget and provides
support for administrative operations only.
Advanced Technology Vehicles Manufacturing Loan Program
Appropriation, 2016................................... $6,000,000
Budget estimate, 2017................................. 5,000,000
Recommended, 2017..................................... 5,000,000
Comparison:
Appropriation, 2016............................... -1,000,000
Budget estimate, 2017............................. - - -
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 funds provided support administrative
operations only.
Departmental Administration
GROSS APPROPRIATION
Appropriation, 2016................................... $248,142,000
Budget estimate, 2017................................. 270,037,000
Recommended, 2017..................................... 233,971,000
Comparison:
Appropriation, 2016............................... -14,171,000
Budget estimate, 2017............................. -36,066,000
REVENUES
Appropriation, 2016................................... $-117,171,000
Budget estimate, 2017................................. -103,000,000
Recommended, 2017..................................... -103,000,000
Comparison:
Appropriation, 2016............................... +14,171,000
Budget estimate, 2017............................. - - -
NET APPROPRIATION
Appropriation, 2016................................... $130,971,000
Budget estimate, 2017................................. 167,037,000
Recommended, 2017..................................... 130,971,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -36,066,000
Funding recommended for Departmental Administration
provides for general management and program support functions
benefiting all elements of the Department of Energy, including
the National Nuclear Security Administration. The account funds
a wide array of Headquarters activities not directly associated
with the execution of specific programs.
Office of Indian Energy Policy and Programs.--The Committee
recommends $21,330,000, to coordinate and implement energy
management, conservation, education, and delivery systems for
Native Americans. Within this amount, $18,130,000 is included
for the Tribal Energy Program and $3,200,000 for Program
Direction. The Committee includes funding for the Department's
request in this account rather than in a new account, as
requested.
Economic Impact and Diversity.--The recommendation includes
$11,319,000 for Economic Impact and Diversity, $1,319,000 more
than fiscal year 2016 and the same as the budget request.
Office of Management.--The recommendation includes
$59,657,000 for the Office of Management. The recommendation
includes $5,000,000 for cost estimating and $18,000,000 for
Project Management Oversight and Assessments.
Chief Information Officer.--The recommendation includes
$73,218,000 of which, not less than $21,006,000 shall be for
Cybersecurity and secure information and $3,000,000 shall be
for activities related to implementation of the Digital
Accountability and Transparency Act.
Renewable Fuel Standard.--The Department shall continue to
operate in accordance with the direction provided in the
explanatory statement that accompanied P.L. 114-113.
Support for Ukraine.--The Committee looks forward to
receiving the Department's report examining the potential for
leveraging its expertise in support of energy-related issues in
Ukraine as directed in the explanatory statement that
accompanied P.L. 114-113.
Office of the Inspector General
Appropriation, 2016................................... $46,424,000
Budget estimate, 2017................................. 44,424,000
Recommended, 2017..................................... 44,424,000
Comparison:
Appropriation, 2016............................... -2,000,000
Budget estimate, 2017............................. - - -
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.
Carryover balances in excess of $2,000,000 will allow the
Office of the Inspector General to continue operations at
fiscal year 2016 levels.
To the extent possible, the Inspector General shall ensure
the findings of its investigative reports are made available to
the Committee and the public. Revised reports may be required
in order to protect information that would otherwise limit
distribution to Internal Official Use Only.
ATOMIC ENERGY DEFENSE ACTIVITIES
The Atomic Energy Defense Activities programs of the
Department of Energy 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, these include Defense
Environmental Cleanup 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, naval reactors, and
nuclear nonproliferation activities.
The recommendation includes $12,853,570,000 for the NNSA,
$327,058,000 above fiscal year 2016 and $22,030,000 below the
budget request.
Weapons Activities
(INCLUDING RESCISSION OF FUNDS)
Appropriation, 2016................................... $8,846,948,000
Budget estimate, 2017................................. 9,285,147,000
Recommended, 2017..................................... 9,285,147,000
Comparison:
Appropriation, 2016............................... +438,199,000
Budget estimate, 2017............................. - - -
Weapons Activities ensures the safety, security,
reliability, and effectiveness of the nation's nuclear weapons
stockpile without nuclear testing by providing funding to four
main elements: Directed Stockpile Work; Research, Development,
Technology and Engineering; Infrastructure and Operations; and
Security.
Integrated Surety Solutions for Transportation.--The budget
request included plans to implement an Integrated Surety
Solutions for Transportation program for the W88 warhead and
deferred previous plans to develop such a system for the W76
and B61 warheads. Given that the benefits of the requested
funds are limited to only one warhead type and the cost for
development is approximately $287,900,000 through fiscal year
2021, the recommendation does not include the $26,000,000
within W88 Stockpile Systems and $7,500,000 within R&D
Certification and Safety to initiate those efforts in fiscal
year 2017. The recommendation fully funds the budget request
for the next-generation transporter within Secure
Transportation Asset, which will improve the security of all
warhead types in transit. Prior to submitting future funding
requests, the NNSA shall ensure it has first satisfied an
outstanding reporting requirement on implementing
recommendations made in the 2010 JASONs Surety Study that would
improve the safety and security of warheads in transit at
little to no cost.
Enhanced Capabilities for Subcritical Experiments.--The
budget request included line-item and operating funds to
support the construction of an advanced radiographic facility
at the Nevada National Security Site. The recommendation
includes no funding for this facility. The new facility is a
substantial investment, with total costs currently reported to
be upwards of $342,000,000, and the Committee is concerned that
the NNSA is not utilizing best practices in managing these
investments. The NNSA did not provide a project data sheet for
the experimental facility in the Science program that would
outline the cost, scope, and schedule for the capability and it
is not clear whether the entirety of the project is being
carried out in accordance with DOE Order 413.3B. To improve
practices, the NNSA is directed to fully implement guidelines
established by the DOE Office of Science that clearly define
requirements for major items of equipment (MIE). Specifically,
if the associated civil construction is less than the limit for
general plant projects and is less than 20 percent of the
equipment costs, the project is to be considered an MIE. If
either of these thresholds is exceeded, the project would be
considered line-item construction.
To improve its justification of the mission need for the
new capability, the NNSA is directed to commission the JASONs
Defense Advisory Group to investigate the need for new
radiographic facilities, independently validate any gaps
between experimental needs to certify the nuclear weapons
stockpile and present experimental capabilities, and determine
whether there is adequate planning to justify investing in
those capabilities. A report of the findings shall be provided
to the Committees on Appropriations of both Houses of Congress
in sufficient time to support consideration of future requests
for funding.
West End Protected Area Reduction.--The West End Protected
Area Reduction (WEPAR) project will construct an interim PIDAS
to reduce the size of the protected area at the Y-12 National
Security Complex from 150 acres to 90 acres. In the wake of the
2012 security incursion, the NNSA implemented a number of
organizational reforms, but most of those changes have since
been reversed. Maintenance needs remain high and the outdated
systems continue to generate an excessive amount of false
alarms, problems that directly contributed to the poor
performance of protective forces during the incident. Shrinking
the protective area footprint will not only reduce costs, but
it will greatly improve security effectiveness and is therefore
a high priority for the Committee. In fiscal year 2014, the
NNSA included $24,000,000 for the WEPAR project within the
budget request for the Uranium Processing Facility (UPF)
project. The NNSA later desegregated the WEPAR scope, but kept
the funding previously allocated to WEPAR within the UPF
project for other activities. While the Committee supports the
decision to desegregate the project scope, it is concerned by
the NNSA's subsequent actions to push aside plans for the
relocation and redirect those funds to other activities. The
Administrator is directed to provide, not later than 30 days
after the enactment of this Act, to the Committees on
Appropriations of both Houses of Congress a plan that will
expedite completion of the project.
DIRECTED STOCKPILE WORK
Directed Stockpile Work includes all activities that
directly support weapons in the nuclear stockpile, including
maintenance, research, development, engineering, certification,
dismantlement, and disposal activities. The Committee
recommends $3,294,527,000 for Directed Stockpile Work,
$93,265,000 below fiscal year 2016 and $36,000,000 below the
budget request.
Life Extension Programs.--The recommendation provides full
funding for the NNSA's life extension programs, including the
ongoing refurbishment efforts for the B61, W76, W88, and W80
warheads. The Committee remains concerned about the aggressive
schedule to accomplish the delivery of concurrent life
extension programs for the B61 and W88 in the 2020-2025
timeframe. In fiscal year 2016, the Committee directed the NNSA
to investigate work levelling strategies for the W88 that would
help alleviate these pressures and the Committee expects the
NNSA to continue to make progress on these efforts.
Life Extension Program Reporting.--The present format of
the Selected Acquisition Reports submitted to the Committees
provides little, if any, explanatory information on the
progress and planning of the NNSA's life extension and major
refurbishment programs. The NNSA is directed to provide to the
Committees on Appropriations of both Houses of Congress a
classified summary of each ongoing life extension and major
refurbishment beginning with the award of the phase 6.3
milestone and annually thereafter until completion of the
program.
Uranium Sustainment.--The recommendation includes an
additional $3,000,000 above the budget request to support
material consolidation and planning activities needed to
expedite the West End Protective Area Reduction Project at Y-
12.
Domestic Uranium Enrichment.--The NNSA is currently
undertaking a new down-blending campaign and is bartering
proceeds from the sale of unencumbered low-enriched uranium to
meet its down-blending costs. According to the NNSA, the
amounts planned to be bartered could fuel up to five single-
reactor reloads for tritium production. The NNSA is directed to
provide the Committees on Appropriations of both Houses of
Congress updated costs to implement Option 2 as soon as
possible. In addition, the NNSA is directed to provide to the
Committees on Appropriations of both Houses of Congress, not
later than 30 days after the enactment of this Act a report
that describes clear milestones for activities to be carried
out by the domestic uranium enrichment program, including a
roadmap for any centrifuge technology research and development
that might contribute to establishing a domestic uranium
enrichment capability in order to meet U.S. national security
needs.
RESEARCH, DEVELOPMENT, TECHNOLOGY, AND ENGINEERING
The NNSA's Research, Development, Technology, and
Engineering (RDT&E) activities focus on the development and
maintenance of critical capabilities, tools, and processes that
support science-based stockpile stewardship and continued
certification of the stockpile in the absence of underground
nuclear testing. For RDT&E, the Committee recommends
$1,818,035,000, $513,000 below fiscal year 2016 and $36,684,000
below the budget request.
Science.--The Committee recommendation fully funds the
subcritical experiments that are necessary to gather data and
improve the physics-based computational models used for the
annual assessment and certification of the nuclear weapons
stockpile. Within Advanced Radiography, up to $5,000,000 is
available to support development activities that could
significantly reduce the cost of new radiographic drivers,
including activities to reduce x-ray spot size and improve
existing pulsed power components. The recommendation does not
include $7,500,000 requested within Advanced Radiography for
Enhanced Capabilities for Subcritical Experiments.
Academic Alliances and Partnerships.--The recommendation
includes $18,956,000 for the Minority Serving Institution
Partnerships Program (MSIPP), including funding for the Tribal
College Initiative. The MSIPP remains a high priority for the
Committee and the NNSA did not provide adequate detail in its
budget request for the program. The NNSA is directed to clearly
account for MSIPP funds within Academic Alliances and
Partnerships in its budget request.
Inertial Confinement Fusion and High Yield.--The Committee
recommends $522,959,000, $11,909,000 above fiscal year 2016 and
the same as the budget request. Within this amount, $68,000,000
is for the OMEGA Laser Facility at the University of Rochester,
$330,000,000 is for the National Ignition Facility, and
$8,500,000 is for the Naval Research Laboratory. The Committee
recognizes the need of pursuing complementary approaches to a
fusion demonstration and high energy density physics research
in order to ensure the long term viability of the Stockpile
Stewardship Program. In addition, the Committee encourages the
Department to develop a strategy and appropriate funding for
next generation pulsed power technology and mission
applications, including support for university-based research.
INFRASTRUCTURE AND OPERATIONS
Infrastructure and Operations provides funding for the
operations, maintenance, and recapitalization of NNSA
facilities and infrastructure. The Committee recommends
$2,771,318,000 for Infrastructure and Operations, $492,194,000
above fiscal year 2016 and $49,366,000 above the budget
request.
Operations of Facilities.--In recognition of the improved
transparency in the NNSA's budget request for Infrastructure
and Operations, the Committee provides funding for Operations
of Facilities within one reprogramming control point. The NNSA
is directed to continue to provide the details of its site-
splits in its budget request and to provide an explanation of
changes for any significant site-specific variations.
Maintenance and Repair of Facilities.--The Committee
recommends $400,000,000, $123,000,000 above fiscal year 2016
and $106,000,000 above the budget request. The Committee
continues to place a strong emphasis on reducing the growing
backlog of deferred maintenance.
Recapitalization.--Within Capability-Based Investments, the
recommendation includes an increase of $5,800,000 for pre-
conceptual design and other project costs of the lithium
production capability project. The NNSA is directed to provide
the Total Estimated Cost of each Recapitalization project in
its budget request.
Facility Disposition.--The recommendation includes
$235,400,000 within a new reprogramming control point to
support the NNSA's request to allocate funding in order to
eliminate excess facilities through either demolition,
transfer, or sale. Undertaking disposition activities will
enable a reduction in the NNSA's footprint, reduce operating
costs, and improve the vitality of the nuclear enterprise. The
NNSA is directed to separately budget for facility disposition
activities in future budget requests.
06-D-141, Uranium Processing Facility (UPF), Y-12.--The
Committee recommends $530,000,000, $100,000,000 above fiscal
year 2016 and $45,000,000 below the budget request. The
viability of the NNSA's redesigned project is heavily dependent
on achieving a lower hazard categorization for certain
subprojects and safety-related design issues have been
significant cost drivers for the Department's major projects.
The NNSA is directed to conduct, in consultation with the
Office of Enterprise Assessments and the Defense Nuclear
Facilities Safety Board, an independent design review of the
UPF project that will assess the adequacy of the design to meet
nuclear safety requirements and to submit a design report to
the Committees on Appropriations of both Houses of Congress not
later than 90 days after the enactment of this Act.
04-D-125, Chemistry and Metallurgy Research (CMR)
Replacement Project, LANL.--The Committee recommends
$150,615,000, $4,995,000 below fiscal year 2016 and $9,000,000
below the request. The remaining funds requested within 04-D-
125 have been provided separately, as described below. The
Committee supports the NNSA's efforts to refine the scope
required to cease all operations at the legacy CMR building in
2019, a deteriorating and obsolete facility built in 1952 that
no longer provides adequate space to meet the NNSA's mission
needs. In House Report 113-486, the Committee provided clear
direction to the NNSA regarding the conduct of follow-on work
that is needed to recapitalize the plutonium infrastructure at
Los Alamos National Laboratory. The Committee limited the scope
of activities to be conducted under the existing CMR
Replacement Project to that of the original mission need for
the project, that is, to relocate existing analytic chemistry
and materials characterization capabilities from the legacy
facility. The Committee provided further guidance that the
construction of new modular facilities and installation of
equipment within PF-4 to increase pit production were not
sufficiently related to the original mission need of the
existing authorized project and stated its opposition to
including these activities as additional subprojects. Each of
these projects are major undertakings in their own right and
represent new starts that should be managed in full accordance
with DOE Order 413.3B. If the requested change in scope were
approved, the CMR Replacement project would be stretched out
until fiscal year 2024, twenty years after its start date of
fiscal year 2004 and thirteen years beyond the original
completion date of fiscal year 2011. Such a tortured and drawn-
out replacement of a single legacy facility over a twenty-year
time period is hardly a statement of project success.
17-D-125, PF-4 Reconfiguration Project, LANL.--The
Committee recommends $8,000,000, the same amount as requested
for these activities within project 04-D-125. The project will
maximize the use of PF-4 and establish enduring capabilities
that support NNSA's actinide-based mission. The project is
currently estimated to cost approximately $685,000,000. The
NNSA is directed to submit a separate project data sheet and
clear mission statement that describes the need for the project
in its fiscal year 2018 budget request.
17-D-126, RLUOB Reconfiguration Project, LANL.--The
Committee recommends $1,000,000, the same amount as requested
for these activities within project 04-D-125. The project will
maximize the use of the Radiological Laboratory Office Building
(RLUOB) by reconfiguring existing laboratory space and re-
categorizing the building to a hazard category-3 facility. This
project is estimated to cost approximately $365,000,000. The
NNSA is directed to submit a separate project data sheet and
clear mission statement that describes the need for the project
in its fiscal year 2018 budget request.
SECURITY
Defense Nuclear Security.--The Committee recommends
increases in funding for protective forces in order to ramp up
production operations at Y-12 and Pantex. The NNSA did not
include any site specific funding information in its budget
request as in previous years. The NNSA shall provide a clear
accounting of security funds by site in future requests.
17-D-710 West End Protected Area Reduction Project, Y-12.--
The Committee recommends $24,000,000 to initiate the WEPAR
project in fiscal year 2017.
Secure Transportation Asset.--The Committee supports
increases needed to ramp up the size of the federal agent
workforce, but there is currently an excessive amount of prior-
year carryover available to meet fiscal year 2017 needs. The
Committee will continue to monitor spending rates to assess
whether additional funds are needed to support manning
requirements.
LEGACY CONTRACTOR PENSIONS
The Committee provides $248,492,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans, $35,395,000 below fiscal year 2016 and
the same as the budget request.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSION OF FUNDS)
Appropriation, 2016................................... $1,940,302,000
Budget estimate, 2017................................. 1,821,916,000
Recommended, 2017..................................... 1,821,916,000
Comparison:
Appropriation, 2016............................... -118,386,000
Budget estimate, 2017............................. - - -
The Defense Nuclear Nonproliferation account provides
funding to programs of the National Nuclear Security
Administration that prevent, counter, and respond to global
nuclear threats.
Continuing U.S. Nonproliferation Activities in Russia.--The
recommendation includes no new funds to enter into contracts
and agreements with Russia in fiscal year 2017, the same as
fiscal year 2016.
DEFENSE NUCLEAR NONPROLIFERATION
Funding for the Office of Defense Nuclear Nonproliferation
is provided across five programmatic areas: Global Material
Security, Material Management and Minimization,
Nonproliferation and Arms Control, Defense Nuclear
Nonproliferation R&D, and Nonproliferation Construction. The
Committee commends the Secretary for the Department's leading
role in conducting a multi-agency review of nonproliferation
programs and recommends that this process be formalized with
findings communicated to the Committee for consideration.
National Academy of Sciences Review.--The Secretary of
Energy is proposing to move forward with a concept to emplace
large quantities of pit and non-pit plutonium in order to
support U.S. commitments under the Plutonium Management
Disposition Agreement (PMDA) with Russia. The amount of
radioactive materials under consideration may exceed the
authorized disposal limits of the WIPP Land Withdrawal Act
(LWA) and the NNSA has not yet conducted the required safety
and environmental analyses required to support the alternative.
Section 17 of the LWA provides a process to evaluate and
publish analyses of plans for operating WIPP with respect to
health, safety, and environmental issues. In accordance with
this established statutory mandate, the NNSA shall commission
the National Academy of Sciences to conduct a review of the
Secretary's conceptual plans to dispose of surplus plutonium to
include considerations of transportation, operations,
performance assessment, compliance with Environmental
Protection Agency and other regulations, safety analyses, and
any other activities required to carry out this alternative
that are pertinent to the operation of WIPP. Not later than 30
days after the enactment of this Act, the NNSA shall provide to
the Committees on Appropriations of both Houses of Congress an
update of the status of the study and an estimated date of
completion for its review.
Global Material Security.--Within Global Material Security,
the recommendation includes $20,000,000 above the budget
request for International Nuclear Security.
Material Management and Minimization.--A significant
portion of the highly-enriched uranium (HEU) minimization
efforts going forward will involve multi-year research and
development activities. To better align research and
development-related activities with resident expertise for
managing such activities within the Office of Defense Nuclear
Nonproliferation, the recommendation shifts funding
responsibility for the development of fuel for high performance
research reactors and for demonstrating and commercially
deploying domestic-based technologies for the production of the
medical isotope Molybdenum-99 (Mo-99) to Defense Nuclear
Nonproliferation Research and Development. Within Conversion,
the recommendation includes funding requested for the
conversion of international research reactors, including
activities for Mo-99 production by international suppliers, at
the full amounts requested for those activities.
Within Material Disposition, the recommendation includes
$5,000,000, the same as in fiscal year 2016, to continue to
develop the conceptual plans of the MOX Alternative and to
support independent reviews. The agreement prohibits funds from
being used to dilute plutonium that could otherwise be used for
MOX feedstock or to meet U.S. commitments under the PMDA. The
recommendation does not include $1,000,000 requested for the
Uranium Lease and Takeback Program (ULTP). The NNSA did not
submit a legislative proposal required to use the proceeds
generated by ULTP to meet the disposition costs of the program.
Defense Nuclear Nonproliferation Research and
Development.--The Committee recommends $491,566,000,
$72,233,000 above fiscal year 2016 and $97,644,000 above the
budget request. Within that amount, the recommendation includes
$97,644,000, $14,000,000 above the budget request, to develop
fuels for high performance research reactors and to demonstrate
domestic-based technologies for Mo-99 production that utilize
low-enriched uranium.
High Performance Research Reactors.--A recent National
Academies study of the NNSA's HEU minimization program found
that the highest performance research reactors will require new
low-enriched fuels to maintain performance and that the
timeline for development of those fuels will take much longer
than expected due to obstacles that are primarily technical.
Considering the extended timelines, the NNSA is directed to
provide to the Committees on Appropriations of both Houses of
Congress, not later than 180 days after the enactment of this
Act, a long-term roadmap with clear milestones and off-ramps
for the development of fuels that are needed to support
conversion goals. The roadmap shall incorporate regular
independent technical and programmatic evaluations, as
recommended by the National Academies.
Domestic Production of Mo-99.--The Committee recommendation
includes $44,900,000, $14,000,000 above the budget request. The
NNSA's nonproliferation program has spearheaded efforts to
support domestic Mo-99 production without the use of HEU, but
its program has not met timelines in the American Medical
Isotopes Production Act (AMIPA) and the cooperative agreements
closest to production rely on the use of research reactors that
use HEU. Furthermore, the U.S. may continue to rely on the
purification services of other nations to meet U.S. demand.
While the National Academy of Sciences is undertaking a review
that will help provide direction, independent reviews conducted
to date have recommended lifting the nominal $25,000,000 cap
imposed by the NNSA. The Committee encourages the NNSA to use
these and unencumbered prior-year balances for HEU minimization
activities to competitively award new cooperative agreements
that are funded up to the full amount of the 50/50 government/
industry cost share authorized by AMIPA. In particular, the
NNSA is encouraged to consider the needs of green-field
projects that may require a higher initial investment to be
viable, but that do not rely on HEU and that may provide a more
stable long-term domestic supply through diversification.
Nonproliferation Construction.--The Committee recommends
$340,000,000 for the Mixed Oxide Fuel Fabrication Facility
project, the same as fiscal year 2016 and $70,000,000 above the
budget request. The recommendation provides sufficient funding
to sustain the current pace of construction on the MOX facility
in fiscal year 2017 and includes a provision that prohibits the
use of MOX funding to place the project in cold standby. The
recommendation directs the use of $70,000,000 in prior-year
balances that remain unexecuted because of the moratorium on
new nonproliferation activities in Russia, in order to fully
offset those costs in fiscal year 2017. The Committee remains
concerned that scuttling the MOX project prior to commencing
negotiations on modifications to the agreement will limit U.S.
options and will lead to further cost growth if the project is
later restarted. Furthermore, without a legislative proposal
that would describe the legal foundation needed for carrying
out the proposed alternative, the Department may incur fines
that were not accounted for in the NNSA's cost analysis, costs
which could surpass any savings assumed to be generated in this
budget request by terminating construction in fiscal year 2017.
NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE
The NNSA's Nuclear Counterterrorism and Incident Response
programs respond to and mitigate nuclear and radiological
incidents worldwide in order to defend the nation from the
threat of nuclear terrorism. The Committee recommends
$271,881,000, $37,491,000 above fiscal year 2016 and the same
as the budget request. Within that amount, the recommendation
includes $34,775,000 for the Emergency Management and
Operations Center. The recommendation directs the use of
$22,000,000 in prior-year balances. The NNSA is directed to
provide an interagency plan and cyber assessment for deploying
a new secure communications system to support incident response
activities not later than September 30,2016.
LEGACY CONTRACTOR PENSIONS
The Committee provides $83,208,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans, $11,409,000 below fiscal year 2016 and
the same as the budget request.
Naval Reactors
Appropriation, 2016................................... $1,375,496,000
Budget estimate, 2017................................. 1,420,120,000
Recommended, 2017..................................... 1,420,120,000
Comparison:
Appropriation, 2016............................... +44,624,000
Budget estimate, 2017............................. - - -
The Naval Reactors (NR) 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 Ohio-Replacement ballistic missile submarine and
refuel the S8G prototype, which is closely linked to the Ohio-
Replacement.
Ohio-Replacement Reactor Systems Development.--The
Committee recommends $213,700,000, $26,900,000 above fiscal
year 2016 and the same as the budget request.
S8G Prototype Refueling.--The Committee recommends
$124,000,000, $9,000,000 below fiscal year 2016 and the same as
the budget request.
Naval Reactors Development.--The Committee recommends
$442,838,000, $4,058,000 below fiscal year 2016 and $5,500,000
above the budget request. Within this amount, $75,100,000 is
provided for Advanced Test Reactor operations.
Spent Fuel Handling Recapitalization Project.--The
Committee recommends $100,000,000, $14,000,000 above fiscal
year 2016 and the same as the budget request.
Federal Salaries and Expenses
Appropriation, 2016................................... $383,666,000
Budget estimate, 2017................................. 412,817,000
Recommended, 2017..................................... 382,387,000
Comparison:
Appropriation, 2016............................... -1,279,000
Budget estimate, 2017............................. -30,430,000
The Federal Salaries and Expenses account provides
corporate planning and oversight for Defense Programs, Defense
Nuclear Nonproliferation, and Naval Reactors, including the
NNSA field offices in New Mexico, Nevada, and California.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
Appropriation, 2016................................... $5,289,742,000
Budget estimate, 2017................................. 5,235,350,000
Recommended, 2017..................................... 5,226,950,000
Comparison:
Appropriation, 2016............................... -62,792,000
Budget estimate, 2017............................. -8,400,000
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.
Hanford Site.--The Committee recommendation includes an
additional $17,000,000 above the budget request to assist in
the treatment of uranium in the groundwater and an additional
$20,947,000 above the budget request to expedite cleanup
activities on the River Corridor. The Department is directed to
submit a new project data sheet for the KW Basin Sludge Removal
Project following completion of the planned external
independent review of the project, as stated in the budget
request. For project 15-D-409 Low Activity Waste Pretreatment
System, none of the funds may be available to award a CD-3 or
CD-3a until an independent cost estimate has been performed, in
accordance with the provisions in this Act, and a complete
project data sheet is provided to the Committees on
Appropriations of both Houses of Congress.
Idaho Site.--The Committee recommendation includes
$20,000,000 above the budget request to support commissioning
and startup activities at the Integrated Waste Treatment Unit
and to complete the Advanced Mixed Waste Treatment
Infrastructure Reliability Project ensuring equipment
availability to support transuranic waste commitments.
Oak Ridge Reservation.--The Committee recommendation
includes an increase of $13,107,000 above the budget request to
expedite decontamination and decommissioning of high-risk
excess facilities of the Oak Ridge Reservation and an increase
of $6,989,000 above the budget request to accelerate U233
processing campaign preparations. The recommendation includes a
new start for the Environmental Management Waste Management
Facility. Expediting the design, construction, and operation of
the new landfill is critical to providing a cost-effective
waste disposal option in support of the decontamination and
decommissioning of excess facilities on the site.
Savannah River Site.--Within Site Risk Management, the
Committee sustains funding for operations and maintenance at
the fiscal year 2016 level and provides an increase of
$18,000,000 above last year's level that is needed to pay for
increased contractor pension costs. Within available funds for
Site Risk Management, the Committee includes $3,000,000 to
support the disposition of spent fuel from the High Flux
Isotope Reactor. While the Committee recommendation continues
to provide funding for Site Risk Management within one
reprogramming control point, that does not preclude the Office
of Environmental Management from executing those funds within
its new sub-activities proposed in the budget request.
No funds are provided to support a new start for Saltstone
Disposal Unit #7. The Department does not have an approved
mission need or pre-conceptual design for this project and did
not provide the basic details of its project plans in its
budget request justifications.
Waste Isolation Pilot Plant (WIPP).--The Committee
recommends $292,720,000, $7,258,000 below fiscal year 2016 and
$30,467,000 above the budget request. Within this amount,
$3,887,000 is for general plant projects. The Department is
directed to proceed expeditiously with the testing and
qualification of continuous air monitors and dampers to
validate they will perform as designed. The readiness of these
technologies is essential to finalizing the safety basis of the
new ventilation system, which must be done to advance the
project. Separate funding requested for payments to the State
of New Mexico within WIPP operations and maintenance is
provided in a separate line, as described below.
While the Department has been pursuing an aggressive plan
to resume limited waste emplacement operations at WIPP, the
Committee is concerned that the Department has pushed back
investments that are needed to attain full recovery of the
facility. Operating WIPP at substandard ventilation rates for
an extended period of time is not acceptable and full recovery
needs to remain a high priority for the Department. Additional
funding above the budget request is provided to the 15-D-412
Exhaust Shaft project, which does not have outstanding design
issues and can proceed quickly once adequate funding is
provided.
CB-0101 Economic Assistance to the State of New Mexico.--
The Committee recommends $26,800,000 to fulfill commitments
made by the Department of Energy to the State of New Mexico as
agreed to in the Settlement Agreement and Stipulated Final
Order, No. HWB-14-21 (CO) approved by the New Mexico
Environment Department on January 22, 2016. The WIPP Land
Withdrawal Act (LWA) (P.L. 102-579) authorized payments to the
State of New Mexico in the amount of $20,000,000 (adjusted for
inflation) for each of the 14 fiscal years beginning with
fiscal year 1998 under section 15(a) of the Act. The last
authorized payment under the Act was completed in fiscal year
2011. The LWA does not include specific authorized amounts for
subsequent payments under Sec. 15(b). The bill includes a
provision that specifies by what authority and the specific
amounts to be provided for additional payments under Sec.15(b)
in fiscal year 2017 and ensures those funds are separate from
any funds for the Waste Isolation Pilot Plant, consistent with
previous authorizations under 15(a).
Technology Development.--Within funding for technology
development and deployment, $4,000,000 is provided for the
National Spent Fuel Program to lead nuclear material treatment,
storage and disposition activities of DOE-owned and managed
used fuel. The Committee encourages the Department to ensure
that technology development funds are competitively awarded.
Use of prior-year balances.--The Committee directs the use
of $5,921,000 in unobligated prior-year balances greater than
five years old and $8,400,000 in unexpended prior-year balances
from Los Alamos National Laboratory.
Other Defense Activities
Appropriation, 2016................................... $776,425,000
Budget estimate, 2017................................. 791,552,000
Recommended, 2017..................................... 776,425,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -15,127,000
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.
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 (P.L. 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 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 (P.L. 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.
Bonneville Power Administration Fund
The Bonneville Power Administration is the Department of
Energy's marketing agency for electric power in the Pacific
Northwest. Bonneville provides electricity to a 300,000 square
mile service area in the Columbia River drainage basin.
Bonneville 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.
The Committee appreciates the Northwest Power and
Conservation Council's advisory role to the Bonneville Power
Administration. The Committee reminds the Council that its sole
mission is development of the domestic Northwest Power Plan and
Columbia River Basin Fish and Wildlife Program. The Council has
no formal role in consultation and negotiations of the Columbia
River Treaty.
Operation and Maintenance, Southeastern Power Administration
Appropriation, 2016................................... $- - -
Budget estimate, 2017................................. - - -
Recommended, 2017..................................... - - -
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. - - -
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.
The total program level for SEPA in fiscal year 2017 is
$84,929,000, with $78,929,000 for purchase power and wheeling
and $6,000,000 for program direction. The purchase power and
wheeling costs will be offset by collections of $60,760,000,
and annual expenses will be offset by collections of $1,000,000
provided in this Act and the use of prior-year balances of
$5,000,000. Additionally, SEPA has identified $18,169,000 in
alternative financing for purchase power and wheeling. The net
appropriation, therefore, is $0 in the recommendation and the
budget request.
Operation and Maintenance, Southwestern Power Administration
Appropriation, 2016................................... $11,400,000
Budget estimate, 2017................................. 11,057,000
Recommended, 2017..................................... 11,057,000
Comparison:
Appropriation, 2016............................... -343,000
Budget estimate, 2017............................. - - -
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.
The Committee recommendation for the Southwestern Power
Administration is a net appropriation of $11,057,000. The total
program level for Southwestern in fiscal year 2017 is
$140,898,000, including $13,896,000 for operation and
maintenance expenses, $83,000,000 for purchase power and
wheeling, $31,516,000 for program direction, and $12,486,000
for construction. Offsetting collections total $107,586,000,
including $5,315,000 for operations and maintenance,
$73,000,000 for purchase power and wheeling, and $29,271,000
for program direction. Southwestern estimates it will secure
alternative financing from customers in the amount of
$22,255,000.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
Appropriation, 2016................................... $93,372,000
Budget estimate, 2017................................. 95,581,000
Recommended, 2017..................................... 95,581,000
Comparison:
Appropriation, 2016............................... +2,209
Budget estimate, 2017............................. - - -
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.
The Committee recommendation for the Western Area Power
Administration is a net appropriation of $95,581,000, the same
as the budget request. The total program level for Western in
fiscal year 2017 is recommended at $947,270,000, which includes
$62,442,000 for construction and rehabilitation, $76,697,000
for system operation and maintenance, $581,634,000 for purchase
power and wheeling, and $226,497,000 for program direction.
Offsetting collections include $578,572,000 for purchase power
and wheeling and annual expenses, and the use of $8,265,000 of
offsetting collections from the Colorado River Dam Fund (as
authorized in P.L. 98-381). Western Area estimates it will
secure alternative financing from customers in the amount of
$264,852,000.
The Committee continues to hear strong concern about the
transparency of Western's budget and expenditures by it. In
particular, there is concern that staffing levels have grown
significantly in recent years, including an additional 51 full-
time equivalents proposed for fiscal year 2017. In response to
these concerns, Western shall not proceed with the staffing
level increase proposed in the fiscal year 2017 budget request
until such time as Western has provided to the Committee a
briefing on the need for increased staffing levels over the
past five years. The briefing shall include a comparison of
staffing levels at non-federal entities responsible for the
marketing of power and operation and maintenance of
transmission systems.
Falcon and Amistad Operating and Maintenance Fund
Appropriation, 2016................................... $228,000
Budget estimate, 2017................................. 232,000
Recommended, 2017..................................... 232,000
Comparison:
Appropriation, 2016............................... +4,000
Budget estimate, 2017............................. - - -
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 the Western Area
Power Administration. 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.
The budget request includes a proposal for authority to
accept contributed funds in fiscal year 2017 for use in
fulfilling duties associated with the Falcon and Amistad Dams.
This authority would be equivalent to the authority used
throughout the Western Area Power Administration to secure
alternative financing. The Committee includes this proposal.
The Committee recommendation is a net appropriation of
$232,000, the same as the budget request. The total program
level is $4,393,000, with $3,838,000 of offsetting collections
applied toward annual expenses and $323,000 of alternative
financing.
The Committee continues to hear concerns that additional
infrastructure investments are necessary at these dams, yet
nothing is included in the budget request. Western is directed
to coordinate with the International Boundary and Water
Commission to determine a plan for addressing any needed
improvements.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2016................................... $319,800,000
Budget estimate, 2017................................. 346,800,000
Recommended, 2017..................................... 346,800,000
Comparison:
Appropriation, 2016............................... +27,000,000
Budget estimate, 2017............................. - - -
REVENUES
Appropriation, 2016................................... $-319,800,000
Budget estimate, 2017................................. -346,800,000
Recommended, 2017..................................... -346,800,000
Comparison:
Appropriation, 2016............................... -27,000,000
Budget estimate, 2017............................. - - -
The Committee recommendation for the Federal Energy
Regulatory Commission (FERC) is $346,800,000, 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.
The Committee is aware that concerns remain about the
degree of consideration given by FERC to the rights and
concerns of private property owners during the process for
developing, reviewing, and approving shoreline management
plans. The Committee reiterates its support for the expeditious
development and implementation of innovative and mutually
agreeable solutions to resolve conflicts among project purposes
and private property at specific locations.
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 AND RESCISSION 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; and
prohibits the obligation or expenditure of funds provided in
this title through a reprogramming of funds except in certain
circumstances.
The bill continues a provision that 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 continues a provision restricting certain
activities in the Russian Federation.
The bill continues a provision regarding management of the
Strategic Petroleum Reserve.
The bill includes a provision rescinding unobligated
balances.
The bill includes a provision that allows funding to be
allocated to certain project engineering and design activities.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
Appropriation, 2016................................... $146,000,000
Budget estimate, 2017................................. 120,000,000
Recommended, 2017..................................... 146,000,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. +26,000,000
The Appalachian Regional Commission (ARC) is a regional
economic development agency established in 1965 by the
Appalachian Regional Development Act (P.L. 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.
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. This funding shall be in
addition to the 30 percent directed to distressed counties.
Within available funds, the Committee directs $50,000,000
for activities in support of the POWER+ Plan.
The ARC targets 50 percent of its funds to distressed
counties or distressed areas in the Appalachian region. The
Committee continues to believe this should be the primary focus
of the ARC.
Defense Nuclear Facilities Safety Board
Appropriation, 2016................................... $29,150,000
Budget estimate, 2017................................. 31,000,000
Recommended, 2017..................................... 31,000,000
Comparison:
Appropriation, 2016............................... +1,850,000
Budget estimate, 2017............................. - - -
The Defense Nuclear Facilities Safety Board (DNFSB) was
created by the fiscal year 1989 National Defense Authorization
Act. 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 DNFSB 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 expects
the DNFSB to continue to play a significant role in
scrutinizing the Department's safety and security activities,
including the reform initiatives underway in the Department
that may impact projects under its jurisdiction.
Delta Regional Authority
Appropriation, 2016................................... $25,000,000
Budget estimate, 2017................................. 15,936,000
Recommended, 2017..................................... 15,000,000
Comparison:
Appropriation, 2016............................... -10,000,000
Budget estimate, 2017............................. -936,000
The Delta Regional Authority (DRA) is a federal-state
partnership established by the Delta Regional Authority Act of
2000 (P.L. 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 co-chair 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 earmarked for transportation and basic infrastructure
improvements.
Denali Commission
Appropriation, 2016................................... $11,000,000
Budget estimate, 2017................................. 15,000,000
Recommended, 2017..................................... 11,000,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. -4,000,000
The Denali Commission is a regional development agency
established by the Denali Commission Act of 1998 (P.L. 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.
Northern Border Regional Commission
Appropriation, 2016................................... $7,500,000
Budget estimate, 2017................................. 5,000,000
Recommended, 2017..................................... 5,000,000
Comparison:
Appropriation, 2016............................... -2,500,000
Budget estimate, 2017............................. - - -
The Food, Conservation, and Energy Act of 2008 (P.L. 110-
234) authorized the establishment of the Northern Border
Regional Commission 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 has continued legislative language
addressing the Commission's administrative expenses.
Southeast Crescent Regional Commission
Appropriation, 2016................................... $250,000
Budget estimate, 2017................................. - - -
Recommended, 2017..................................... 250,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. +250,000
The Food, Conservation, and Energy Act of 2008 (P.L. 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.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2016................................... $990,000,000
Budget estimate, 2017................................. 970,163,000
Recommended, 2017..................................... 936,121,000
Comparison:
Appropriation, 2016............................... -53,879,000
Budget estimate, 2017............................. -34,042,000
REVENUES
Appropriation, 2016................................... $-872,864,000
Budget estimate, 2017................................. -851,161,000
Recommended, 2017..................................... -786,853,000
Comparison:
Appropriation, 2016............................... +86,011,000
Budget estimate, 2017............................. +64,308,000
NET APPROPRIATION
Appropriation, 2016................................... $117,136,000
Budget estimate, 2017................................. 119,002,000
Recommended, 2017..................................... 149,268,000
Comparison:
Appropriation, 2016............................... +32,132,000
Budget estimate, 2017............................. +30,266,000
The Committee recommendation for the Nuclear Regulatory
Commission (NRC) provides the following amounts:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
FY 2016 enacted FY 2017 request Cmte. rec.
Account
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety................................. $501,702 $506,900 $483,802
Nuclear Materials and Waste Safety..................... 113,658 116,400 113,173
Decommissioning and Low-Level Waste.................... 28,404 27,800 26,690
Integrated University Program.......................... 15,000 0 15,000
Yucca licensing........................................ 0 0 20,000
Corporate Support...................................... 331,236 319,100 305,456
--------------------------------------------------------
Total, Program Level........................... 990,000 970,200 964,121
Use of carryover balances.............................. - - - - - - -25,000
Reduction to International Activities.................. - - - - - - -3,000
Total.......................................... 990,000 970,200 936,121
----------------------------------------------------------------------------------------------------------------
The recommendation includes $31,079,000 in rebaselining
savings for fiscal year 2017 that was not included in the
budget request. The Committee directs the Commission to apply
these savings in a manner that continues to ensure the
protection of public health and safety and maintains the
effectiveness of the current inspection program. The
recommendation provides for the use of $25,000,000 in estimated
carryover balances in lieu of new appropriation and reduces
international activities by $3,000,000 from the level proposed
in the budget request.
The recommendation establishes Corporate Support as a new
control point. The funds provided for Corporate Support have
been reduced by $3,644,000 as a result of the savings
identified in the rebaselining process and by $10,000,000 to
further accelerate the right-sizing of Corporate Support
activities. While the Committee notes that the Commission has
adopted many of the recommendations proposed by the independent
review of corporate support requirements, more needs to be done
to reduce corporate support costs.
Within available funds, not more than $7,500,000 is
included for salaries, travel, and other support costs for the
Office of the Commission. These salaries and expenses shall
include only salaries and benefit and travel costs, and are not
to include general and administrative and infrastructure costs.
The Committee directs that these funds are to be jointly
managed by the Commissioners, and the bill 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.
The recommendation directs $20,000,000 to continue
adjudication of the Yucca Mountain license application and does
not include the savings from the rebaselining proposal to
reduce resources devoted to maintaining expertise in deep
geological repository analysis. The Committee reiterates that
the Administration's refusal to move forward with the Yucca
Mountain license application ignores current law and does not
advance the nation's need for a permanent repository. The
recommendation continues language prohibiting the Chairman of
the NRC from terminating any program, project, or activity
without the approval of a majority of the Commissioners. The
NRC is directed to report to the Committees on Appropriations
of both Houses of Congress, not later than January 5, 2017, on
the plan to complete the license application and additional
funding needs as necessary. In addition, the recommendation
requires the NRC to notify and report to the Committees on
Appropriations of both Houses of Congress on the use of
emergency functions.
Integrated University Program.--The Committee
recommendation includes $15,000,000 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. Not less than
$5,000,000 of this amount 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.
Rulemaking.--The authority to compel and bind private
entities and individuals to certain actions is a significant
authority under the law. The Committee commends the Commission
for establishing a rulemaking plan that is in alignment with
the direction provided by Congress but notes that the
Commission ``has neither approved nor disapproved reaffirming
the current role of the Committee to Review Generic
Requirements''. The Committee directs the Commission to report
by August 1, 2016 on how the rulemaking process will adhere to
the backfit rule and on the roles of the Advisory Committee on
Reactor Safety and the Committee to Review Generic
Requirements. The Commission needs to continue to aggressively
monitor the rulemaking process and also ensure that the
Committee receives accurate reports on rulemaking activities.
The Commission shall list all rulemaking activities planned, to
include their priority and schedule in the annual budget
request and the semi-annual report to Congress on licensing and
regulatory activities.
Digital Instrumentation and Control.--The future of
commercial nuclear power in the 21st century depends, in part,
on the NRC's ability to keep pace with innovation and
technological developments. NRC has demonstrated its capacity
to adapt to new technology and innovation in its decision to
issue a construction license for a first-of-a-kind medical
isotope production facility. In a similar vein, NRC should
endeavor to ensure that it establishes an efficient, reliable,
and predictable licensing process for power reactors to
transition from analog to digital instrumentation and control
systems for safety-related applications.
Subsequent License Renewal.--The Committee has received the
March 15, 2016, report on the plan and timetable for completing
the remaining activities necessary to accept, docket, and
support the review of the first application for subsequent
license renewal. The report states that the NRC will ``be fully
prepared to effectively and efficiently review any subsequent
license renewal applications that are submitted'' by mid-2017.
The Committee directs the Commission to report by March 15,
2017, on the NRC's progress to meet this mid-2017 goal.
Reporting Requirements.--The Committee directs the
Commission to continue to provide quarterly reports on
licensing goals and right-sizing commitments as described in
the explanatory statement for P.L. 114-113.
OFFICE OF INSPECTOR GENERAL
GROSS APPROPRIATION
Appropriation, 2016................................... $12,136,000
Budget estimate, 2017................................. 12,129,000
Recommended, 2017..................................... 12,129,000
Comparison:
Appropriation, 2016............................... -7,000
Budget estimate, 2017............................. - - -
REVENUES
Appropriation, 2016................................... $-10,060,000
Budget estimate, 2017................................. -10,044,000
Recommended, 2017..................................... -10,044,000
Comparison:
Appropriation, 2016............................... +16,000
Budget estimate, 2017............................. - - -
NET APPROPRIATION
Appropriation, 2016................................... $2,076,000
Budget estimate, 2017................................. 2,085,000
Recommended, 2017..................................... 2,085,000
Comparison:
Appropriation, 2016............................... +9,000
Budget estimate, 2017............................. - - -
The Committee has included $969,000 within this
appropriation for Inspector General services for the Defense
Nuclear Facilities Safety Board from the Nuclear Regulatory
Commission Inspector General.
Nuclear Waste Technical Review Board
Appropriation, 2016................................... $3,600,000
Budget estimate, 2017................................. 3,600,000
Recommended, 2017..................................... 3,600,000
Comparison:
Appropriation, 2016............................... - - -
Budget estimate, 2017............................. - - -
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.
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.
The bill continues a provision prohibiting funds in this
Act from being used to close the Yucca Mountain license
application process or for actions that would remove the
possibility that Yucca Mountain might be an option in the
future.
The bill includes a provision prohibiting the use of funds
to further implementation of components of the National Ocean
Policy developed under E.O. 13547.
The bill includes a provision prohibiting the use of funds
for the removal of any federally-owned or operated dam.
The bill includes a provision setting at $0 the amount that
the proposed new budget authority in this recommendation
exceeds the allocation made by the Committee on Appropriations
under section 302(b) of the Congressional Budget Act of 1974.
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'', $22,000 is available
for transfer to the Upper Colorado River Basin Fund and
$5,551,000 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. 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 section 302, ``General Provisions--Department of
Energy'', unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this
title. Balances so transferred 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.
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,
Construction, providing for a limited number of new starts.
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 any acquisition
that is not consistent with a certain federal regulation.
Language has been included under Corps of Engineers,
General Provisions, section 106, prohibiting certain activities
at a Corps of Engineers project.
Language has been included under Corps of Engineers,
General Provisions, section 107, providing authority to the
Secretary of the Army regarding a water supply storage
contract.
Language has been included under Corps of Engineers,
General Provisions, section 108, prohibiting certain actions
related to the definition of fill material or discharge of fill
material for purposes of the Federal Water Pollution Control
Act.
Language has been included under Corps of Engineers,
General Provisions, section 109, prohibiting requirement of a
permit for the discharge of dredged or fill material under the
Federal Water Pollution Control Act for certain activities.
Language has been included under Corps of Engineers,
General Provisions, section 110, prohibiting certain actions
related to the definition of waters under the jurisdiction of
the Federal Water Pollution Control Act.
Language has been included under Corps of Engineers,
General Provisions, section 111 allowing the possession of
firearms at water resources development projects under certain
circumstances.
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; 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,
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 deadline
for completion of certain water storage feasibility studies.
Language has been included under General Provisions,
Department of the Interior, section 204, related to the Old and
Middle River reverse flow operations in California.
Language has been included under General Provisions,
Department of the Interior, section 205, authorizing increased
Old and Middle River reverse flows in California during certain
times.
Language has been included under General Provisions,
Department of the Interior, section 206, regarding certain
water rights and water supply deliveries in California.
Language has been included under General Provisions,
Department of the Interior, section 207, prohibiting funds to
implement the San Joaquin River Restoration program.
Language has been included under General Provisions,
Department of the Interior, section 208, prohibiting funds for
instream flow purchases in California carried out by the Bureau
of Reclamation at certain times.
Language has been included under General Provisions,
Department of the Interior, section 209, regarding water
storage at New Melones reservoir.
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 Electricity Delivery and
Energy Reliability 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; and for the purchase of motor vehicles.
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 cost 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 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 Nuclear Waste Disposal for
the acquisition of real property or facility construction or
expansion.
Language has been included under 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 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 motor vehicles.
Language has been included under Weapons Activities
rescinding funds that were not designated by the Congress as
emergency funding.
Language has been included under Defense Nuclear
Nonproliferation for the purchase, construction, and
acquisition of plant and capital equipment and other incidental
expenses.
Language has been included under Defense Nuclear
Nonproliferation restricting the use of funds provided for a
specific project.
Language has been included under Defense Nuclear
Nonproliferation rescinding funds that were not designated by
the Congress as emergency funding.
Language has been included under Naval Reactors for the
purchase, construction, and acquisition of plant and capital
equipment, facilities, and facility expansion.
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 purposes of providing amounts for certain
payments under the Waste Isolation Pilot Plant Land Withdrawal
Act.
Language has been included under Defense Environmental
Cleanup for the purchase, construction, and acquisition of
plant and capital equipment; and for the purchase of motor
vehicles.
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; and 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 Department of Energy,
General Provisions, section 302, 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 303, 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 2017 until enactment of the
Intelligence Authorization Act for fiscal year 2017.
Language has been included under Department of Energy,
General Provisions, section 304, 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 305, 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 306, prohibiting nonproliferation
activities in the Russian Federation until certain reporting
requirements are met.
Language has been included under Department of Energy,
General Provisions, section 307, limiting the authority of the
Secretary of Energy to establish regional petroleum product
reserves.
Language has been included under Department of Energy,
General Provisions, section 308, rescinding certain funds that
were not designated by the Congress as emergency funding.
Language has been included under Department of Energy,
General Provisions, section 309, making funds available for
project engineering and design of the Consolidated Emergency
Operations Center.
TITLE IV--INDEPENDENT AGENCIES
Language has been included under Appalachian Regional
Commission providing for the hire of passenger vehicles and
allowing the expenditure of funds as authorized by the
Appalachian Regional Development Act of 1965, without regard to
section 14704 of title 40, United States Code.
Language has been included under Delta Regional Authority
allowing the expenditure of funds as authorized by the Delta
Regional Authority Act without regard to section 382C(b)(2),
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 (Division C,
Title III, Public Law 105-277), and an amount not to exceed 50
percent for non-distressed communities.
Language has been included under Northern Border Regional
Commission for expenditure as authorized by subtitle V of title
40, United States Code, without regard to section 15751(b).
Language has been included under Nuclear Regulatory
Commission, 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 Nuclear Regulatory
Commission providing funds that 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 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.
Language has been included under General Provisions,
section 505, prohibiting funds in this Act from being used to
close the Yucca Mountain license application process, or for
actions that would remove the possibility that Yucca Mountain
might be an option in the future.
Language has been included under General Provisions,
section 506, prohibiting the use of funds to further
implementation of components of the National Ocean Policy
developed under Executive Order 13547.
Language has been included under General Provisions,
section 507, prohibiting the use of funds for the removal of
any federally-owned or operated dam.
Language has been included under General Provisions,
section 508, setting at $0 the amount that the proposed new
budget authority exceeds the allocation made by the Committee
on Appropriations under section 302(b) of the Congressional
Budget Act of 1974.
Program Duplication
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.
Directed Rule Making
The bill does not direct any rule making.
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):
SECTION 205 OF DIVISION D OF THE CONSOLIDATED APPROPRIATIONS ACT, 2016
Sec. 205. The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall--
(1) complete the feasibility studies described in
clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of
Public Law 108-361 (118 Stat. 1684) and submit such
studies to the appropriate committees of the House of
Representatives and the Senate not later than December
31, 2015;
(2) complete the feasibility studies described in
clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of
Public Law 108-361 and submit such studies to the
appropriate committees of the House of Representatives
and the Senate not later than November 30, [2016] 2017;
(3) complete the feasibility study described in
section 103(f)(1)(A) of Public Law 108-361 (118 Stat.
1694) and submit such study to the appropriate
committees of the House of Representatives and the
Senate not later than December 31, 2017; and
(4) provide a progress report on the status of the
feasibility studies referred to in paragraphs (1)
through (3) to the appropriate committees of the House
of Representatives and the Senate not later than 90
days after the date of the enactment of this Act and
each 180 days thereafter until December 31, 2017, as
applicable. The report shall include timelines for
study completion, draft environmental impact
statements, final environmental impact statements, and
Records of Decision.
Appropriations Not Authorized by Law
Pursuant to clause 3(f) 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:
(thousand dollars)
----------------------------------------------------------------------------------------------------------------
Appropriation in
Agency/Program Last Year of Authorization Last Year of Net Appropriation
Authorization Level Authorization in this Bill
----------------------------------------------------------------------------------------------------------------
Corps FUSRAP........................ ................. \1\ ................. 103,000
EERE Program Direction.............. 2006 110,500 164,198 149,500
EERE Weatherization Activites....... 2012 1,400,000 68,000 215,000
EERE State Energy Programs.......... 2012 125,000 50,000 50,000
EERE Marine and Hydrokinetic R&D.... 2012 50,000 34,000 37,000
Nuclear Energy...................... 2009 495,000 792,000 1,011,616
Nuclear Energy Infrastructure and 2009 145,000 245,000 253,085
Facilities.........................
Fossill Energy...................... 2009 641,000 727,320 645,000
Naval Petroleum and Oil Shale 2014 20,000 20,000 14,950
Reserves...........................
Strategic Petroleum Reserve......... 2003 not specified 172,856 257,000
Northeast Home Heating Oil Reserve.. 2003 not specified 6,000 6,500
Energy Information Administration... 1984 not specified 55,870 122,000
Office of Science................... 2013 6,007,000 4,876,000 5,400,000
Advanced Research Projects Agency- 2013 312,000 265,000 305,889
Energy.............................
Advanced Technology Vehicle 2012 not specified 6,000 5,000
Manufacturing Program..............
Non-Defense Environmental Cleanup:
West Valley Demonstration....... 1981 5,000 5,000 61,613
Departmental Administration..... 1984 246,963 185,682 130,971
Atomic Energy Defense Activities:
National Nuclear Security
Administration:
Weapons Activities.......... 2016 8,802,797 8,846,948 9,285,147
Defense Nuclear 2016 1,941,500 1,940,302 1,821,916
Nonproliferation...........
Naval Reactors.............. 2016 1,359,996 1,375,496 1,420,120
Federal Salaries and 2016 388,000 383,666 382,387
Expenses...................
Defense Environmental Cleanup....... 2016 5,130,550 5,289,742 5,226,950
Other Defense Activities............ 2016 770,522 776,425 776,425
Power Marketing Administrations:
Southwestern.................... 1984 40,254 36,229 11,057
Western Area.................... 1984 259,700 194,630 95,581
Federal Energy Regulatory Commission 1984 not specified 29,582 0
Defense Nuclear Facilities Safety 2016 29,150 29,150 31,000
Board..............................
Denali Commission................... 2008 not specified 21,800 11,000
Nuclear Regulatory Commission....... 1985 460,000 448,200 149,268
----------------------------------------------------------------------------------------------------------------
\1\Program was initiated in 1972 and has never received a separate authorization
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: Weapons Activities.....................106,126,393
Department of Energy: Defense Nuclear Nonproliferation........33,127,803
Department of Energy: Naval Reactors.......................... 307,262
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302 (b) Allocation This Bill
---------------------------------------------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Mandatory........................... 0 0 0 0
Discretionary....................... 37,444 37,625 37,444 \1\37,625
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
Five-Year Outlay Projections
Pursuant to section 308(a)(1)(B) of the Congressional
Budget Act of 1974, the following table contains five-year
projections prepared by the Congressional Budget Office of
outlays associated with the budget authority provided in the
accompanying bill:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2017............................................. \2\21,939
2018............................................. 10,578
2019............................................. 3,559
2020............................................. 832
2021 and future years............................ 433
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
Pursuant to section 308(a)(1)(C) of the Congressional
Budget Act of 1974, the amount of financial assistance to State
and local governments is as follows:
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 157 \2\31
local governments for 2017.......
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each rollcall vote
on an amendment or on the motion to report, together with the
names of those voting for and those voting against, are printed
below:
ADDITIONAL VIEWS
We commend Chairman Rogers and Chairman Simpson for their
efforts to assemble this bill in an inclusive manner. The bill
funds critical water resource projects, supports science
activities necessary for American competitiveness and
contributes to our national defense through vital weapons,
naval reactor research, and nonproliferation funding, all
priorities that unite rather than divide us. Chairman Simpson
has worked hard to incorporate the interests of Members from
both parties. As a result, much of the funding in this bill is
a reflection of priorities from both sides of the aisle.
It is sad that the Majority would jeopardize this good
start by adding ideological riders on the Clean Water Act, guns
on Corps lands and the California drought. We should not have
to remind our Majority colleagues that similar provisions have
imperiled passage of this bill in the past. In fiscal year
2016, nearly all of the Democratic Members of the House voted
against this bill with far fewer poison pill riders. The
Administration has been on record with veto threats over nearly
identical language in the past.
The subcommittee's allocation is $37,444,000,000,
$167,815,000 above the Administration's budget request and
$259,010,000 above the 2016 level. The defense allocation is
$184,010,000 above 2016, while the non-defense allocation is
$75,000,000 above 2016.
We commend the Chairman for increasing Corps of Engineers'
funding by $1,469,330,000 above the President's inadequate
request, ensuring that some ongoing projects will continue. The
bill provides $6,089,330,000 for the Army Corps of Engineers,
representing the highest funding level the agency has ever
received. The bill provides approximately $1,263,000,000 for
projects funded from the Harbor Maintenance Trust Fund,
approximately the same as 2016. This funding will allow
preventive and proactive investments necessary for the economy
and the safety of American citizens. The funding above the
request will also allow investments in the nation's ports and
waterways, which are critical to ensuring that American made
goods can move to market, both domestically and abroad. We
firmly believe that our underinvestment in infrastructure
continues to hamper economic gains and prolongs the
underemployment plaguing our middle class.
While this bill ensures increased investment beyond that
included in the budget request, we should be doing even more to
build infrastructure and create jobs. Federal support of water
resource projects creates construction jobs and indirect
economic benefits that encourage local businesses and
individuals to embrace risk and make critical investments in
their communities. The inclusion of six new study starts and
four new construction projects will allow incremental progress
in addressing the tens of billions in projects awaiting
funding.
Every year, this important bill sets the path for America's
energy future and we note that, more than ever before, our
course is set towards the true North of energy independence.
Research at the Department of Energy has led to technological
advances that have drastically altered global energy markets.
Whereas we were once subject to the whims of OPEC and
completely reliant on their supply of crude, new drilling
techniques developed with government support have revitalized
the domestic oil and gas industry. This American energy
resurgence has led to a 19% decrease in the volume of crude
imports since 2011 and a dramatic fall in the price, which
together have slashed our energy trade deficit. In January
2012, America spent roughly $36 billion on net energy imports,
but thanks to the innovation spurred by the Department of
Energy, by December of last year, that number had fallen to
less than $12 billion. While the low prices of the last few
months have squeezed American producers, our new capacity to
quickly ramp up production has allowed the United States to
replace Saudi Arabia as the swing producer in the global oil
market. This dramatic shift will shield us from future price
shocks while also causing significant budget shortfalls for
oil-dependent nations, including Russia, Iran, Saudi Arabia,
and Venezuela as well as the terrorist organization, ISIS.
These significant strides towards America's energy security
should be applauded, but we must not lose our momentum by
resting on our laurels. To finally free ourselves from our
energy dependence, as well as to drastically cut our dangerous
carbon emissions, we must continue to strongly fund DOE's
efforts. Unfortunately, constraints on the allocation did not
allow additional funding for Mission Innovation--an effort to
double clean energy research and development by 2021. This lack
of resources will necessarily delay progress on breakthroughs
in energy efficiency and clean energy and hinder innovation to
drive sustained economic growth in the clean energy economy of
the future.
The Science and ARPA-E accounts, critical to the
competitiveness of our nation, are $49,800,000 and $14,889,000
above the level of funding provided in 2016 respectively. With
a return on investment of 20 to 67 percent, publicly funded
research grows our economy and helps the United States maintain
its position as the global leader in innovation. If the U.S. is
to truly achieve energy independence and tackle the challenges
posed by climate change, the federal government must continue
to prioritize investments in cutting edge research at our
national laboratories and universities along with supporting
advancements in high-potential, high-impact energy technologies
that are too early for private-sector investment.
With regard to the applied energy programs at the
Department of Energy, investments in energy technology programs
are once again skewed too heavily toward nuclear and fossil
fuels though we recognize that the level of renewable energy
funding is higher than that of any recent year. We must provide
for critical research and development for the nuclear and
fossil energy sectors to increase efficiency and reduce
emissions of those sources that currently provide the bulk of
our electricity generation, but continued and sustained
research and development programs in renewable energy are
necessary and appropriate. Renewable energy has achieved cost
competitiveness in some areas, yet further investment can drive
down the costs of existing technology and provide breakthroughs
in others. Investment in portfolio diversity remains necessary
for the long term, particularly given the rapidly shifting
energy outlook.
The National Nuclear Security Administration (NNSA)
continues to be plagued by breathtaking cost overruns and
schedule delays, and the Chairman continues the strong
oversight of the NNSA. While we understand the need to
modernize a complex built substantially in the 1950s, we
continue to question whether the organization has the necessary
tools and processes to continue to manage large increases in
these activities year after year. Within the Weapons account,
we commend the Chairman for his strong support of the
dismantlement activities, which will not only contribute to the
dismantlement of weapons retired prior to 2009, it will bring
additional needed workforce to the Pantex facility in Texas in
support of the larger mission of maintaining our nuclear
stockpile.
Nonproliferation programs are our first line of defense and
the most cost-effective way to achieve the urgent goal of
securing and reducing the amount of vulnerable bomb-grade
material. The bill includes $1,807,916,000 for these critical
programs, $132,386,000 below 2016. While we understand the
Chairman met the Administration's budget request for non-
proliferation, the recent terror attacks in Paris and Belgium
are proof that we should be increasing our expenditures on
proliferation risks. In March 2015, the Secretary of Energy
Advisory Board recommended that the Department expand its
nonproliferation efforts and augment existing funding and
expressed concern about the recent trend of falling budgets for
the core non-proliferation efforts.
While the funding levels of the bill would be a basis for
negotiation, the inclusion of controversial riders is an
unnecessary diversion from our primary responsibility--ensuring
that taxpayer funds are invested wisely in Federal programs
that will contribute to the economic vitality of our nation.
The Administration has issued a veto threat on the Senate
fiscal year 2017 Energy and Water Development bill if the final
bill includes ideological riders that are beyond the scope of
the funding legislation.
Four of the water riders taken together risk protection of
the world's most precious resource: water. The first Clean
Water Act provision prevents the Corps of Engineers from taking
steps to clarify which waters are protected by the Clean Water
Act and keeps in place a widely-acknowledged state of confusion
about the scope of the law's pollution control programs. The
second prevents the Corps of Engineers from using funds to
``develop, adopt, implement, administer, or enforce any
change'' to regulations pertaining to the definitions of the
terms ``fill material'' or ``discharge of fill material'' under
the Clean Water Act. This rider would lock in industry
loopholes, leaving many of our nation's waterways vulnerable to
harmful pollution. Finally, the bill includes provisions
regarding agricultural exemptions to the Clean Water Act and a
prohibition of activities related to the National Ocean Policy.
An additional six riders related to California's complex
water challenges were added this year to the Committee's mark,
injecting ill-considered and controversial language which
should be considered in the appropriate authorizing committees
under regular order. The language preempts state water law,
court decisions and statutory environmental protections and has
no place on an appropriations bill.
The inclusion of the rider allowing guns to be carried on
all Corps of Engineers lands injects into the bill an
unnecessarily partisan topic that is unwarranted. We disagree
with the notion that reasonable limits on where guns can be
carried are an infringement upon the Second Amendment. We see
no need to contribute to an environment where guns are
commonplace in recreational areas where families are trying to
escape the pressures of everyday life.
Finally, this bill is another reminder of Congress's
failure to invest adequately in the development and upkeep of
water systems serving American communities, exemplified by the
tragedy that occurred in Flint, Michigan, where thousands of
children and other residents were poisoned by contaminated
water as a result of corroding lead pipes. Compounded by the
inaction of state officials and an apparent cover-up to hide
the extent of the danger from residents, the full scale of this
tragedy will likely be unknown for years. A Federal State of
Emergency was declared for Flint. Congress has a responsibility
to provide critical resources to help repair decaying
infrastructure, to support services for those affected,
including the children whose physical and cognitive development
has been harmed from lack of access to safe drinking water, and
to protect other communities from the experience of Flint. Yet
the Committee voted down an amendment offered by
Representatives DeLauro and McCollum to provide emergency
funding to begin to address these responsibilities.
In spite of these concerns, we would like to reiterate our
appreciation for the Chairman's work with us on many issues,
continuing the Energy and Water Development Subcommittee's
tradition of a collegial and bipartisanship process. The
Subcommittee has operated collaboratively and effectively for
many years and, within the constraints facing the bill, it
addresses many of the interests we have expressed. The Energy
and Water bill's allocation seemingly comes at the expense of
critical investments in other Subcommittees, as we still do not
have a full set of Subcommittee allocations. We look forward to
the day when allocations across all Subcommittees are returned
to acceptable levels and to working with the Chairman and the
members of this Committee to advance the process. However, we
cannot support this bill given the ideological riders currently
included in the Committee product.
Nita M. Lowey.
Marcy Kaptur.