Energy and Water Development and Related Agencies Appropriations Act, 2020

II Calendar No. 204 116TH CONGRESS 1ST SESSION S. 2470 [Report No. 116–102] Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 12, 2019 Mr. ALEXANDER, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for en- 4 ergy and water development and related agencies for the 5 fiscal year ending September 30, 2020, and for other pur- 6 poses, namely: 7 2 •S 2470 RS TITLE I 1 CORPS OF ENGINEERS—CIVIL 2 DEPARTMENT OF THE ARMY 3 CORPS OF ENGINEERS—CIVIL 4 The following appropriations shall be expended under 5 the direction of the Secretary of the Army and the super- 6 vision of the Chief of Engineers for authorized civil func- 7 tions of the Department of the Army pertaining to river 8 and harbor, flood and storm damage reduction, shore pro- 9 tection, aquatic ecosystem restoration, and related efforts. 10 INVESTIGATIONS 11 For expenses necessary where authorized by law for 12 the collection and study of basic information pertaining 13 to river and harbor, flood and storm damage reduction, 14 shore protection, aquatic ecosystem restoration, and re- 15 lated needs; for surveys and detailed studies, and plans 16 and specifications of proposed river and harbor, flood and 17 storm damage reduction, shore protection, and aquatic 18 ecosystem restoration projects, and related efforts prior to 19 construction; for restudy of authorized projects; and for 20 miscellaneous investigations, and, when authorized by law, 21 surveys and detailed studies, and plans and specifications 22 of projects prior to construction, $154,880,000, to remain 23 available until expended: Provided, That the Secretary 24 shall initiate six new study starts during fiscal year 2020: 25 3 •S 2470 RS Provided further, That the Secretary shall not deviate from 1 the new starts proposed in the work plan, once the plan 2 has been submitted to the Committees on Appropriations 3 of both Houses of Congress. 4 CONSTRUCTION 5 For expenses necessary for the construction of river 6 and harbor, flood and storm damage reduction, shore pro- 7 tection, aquatic ecosystem restoration, and related 8 projects authorized by law; for conducting detailed studies, 9 and plans and specifications, of such projects (including 10 those involving participation by States, local governments, 11 or private groups) authorized or made eligible for selection 12 by law (but such detailed studies, and plans and specifica- 13 tions, shall not constitute a commitment of the Govern- 14 ment to construction); $2,795,148,000, to remain avail- 15 able until expended; of which such sums as are necessary 16 to cover the Federal share of construction costs for facili- 17 ties under the Dredged Material Disposal Facilities pro- 18 gram shall be derived from the Harbor Maintenance Trust 19 Fund as authorized by Public Law 104–303; and of which 20 such sums as are necessary to cover one-half of the costs 21 of construction, replacement, rehabilitation, and expansion 22 of inland waterways projects, except for Chickamauga 23 Lock, Tennessee River, Tennessee, which shall be 25 per- 24 cent during the fiscal year covered by this Act, shall be 25 4 •S 2470 RS derived from the Inland Waterways Trust Fund, except 1 as otherwise specifically provided for in law: Provided, 2 That the Secretary shall initiate six new construction 3 starts during fiscal year 2020: Provided further, That for 4 new construction projects, project cost sharing agreements 5 shall be executed as soon as practicable but no later than 6 September 30, 2020: Provided further, That no allocation 7 for a new start shall be considered final and no work al- 8 lowance shall be made until the Secretary provides to the 9 Committees on Appropriations of both Houses of Congress 10 an out-year funding scenario demonstrating the afford- 11 ability of the selected new starts and the impacts on other 12 projects: Provided further, That the Secretary may not de- 13 viate from the new starts proposed in the work plan, once 14 the plan has been submitted to the Committees on Appro- 15 priations of both Houses of Congress. 16 MISSISSIPPI RIVER AND TRIBUTARIES 17 For expenses necessary for flood damage reduction 18 projects and related efforts in the Mississippi River allu- 19 vial valley below Cape Girardeau, Missouri, as authorized 20 by law, $368,000,000, to remain available until expended, 21 of which such sums as are necessary to cover the Federal 22 share of eligible operation and maintenance costs for in- 23 land harbors shall be derived from the Harbor Mainte- 24 nance Trust Fund. 25 5 •S 2470 RS OPERATION AND MAINTENANCE 1 For expenses necessary for the operation, mainte- 2 nance, and care of existing river and harbor, flood and 3 storm damage reduction, aquatic ecosystem restoration, 4 and related projects authorized by law; providing security 5 for infrastructure owned or operated by the Corps, includ- 6 ing administrative buildings and laboratories; maintaining 7 harbor channels provided by a State, municipality, or 8 other public agency that serve essential navigation needs 9 of general commerce, where authorized by law; surveying 10 and charting northern and northwestern lakes and con- 11 necting waters; clearing and straightening channels; and 12 removing obstructions to navigation, $3,798,972,000, to 13 remain available until expended, of which such sums as 14 are necessary to cover the Federal share of eligible oper- 15 ation and maintenance costs for coastal harbors and chan- 16 nels, and for inland harbors shall be derived from the Har- 17 bor Maintenance Trust Fund; of which such sums as be- 18 come available from the special account for the Corps of 19 Engineers established by the Land and Water Conserva- 20 tion Fund Act of 1965 shall be derived from that account 21 for resource protection, research, interpretation, and 22 maintenance activities related to resource protection in the 23 areas at which outdoor recreation is available; and of 24 which such sums as become available from fees collected 25 6 •S 2470 RS under section 217 of Public Law 104–303 shall be used 1 to cover the cost of operation and maintenance of the 2 dredged material disposal facilities for which such fees 3 have been collected: Provided, That 1 percent of the total 4 amount of funds provided for each of the programs, 5 projects, or activities funded under this heading shall not 6 be allocated to a field operating activity prior to the begin- 7 ning of the fourth quarter of the fiscal year and shall be 8 available for use by the Chief of Engineers to fund such 9 emergency activities as the Chief of Engineers determines 10 to be necessary and appropriate, and that the Chief of En- 11 gineers shall allocate during the fourth quarter any re- 12 maining funds which have not been used for emergency 13 activities proportionally in accordance with the amounts 14 provided for the programs, projects, or activities. 15 REGULATORY PROGRAM 16 For expenses necessary for administration of laws 17 pertaining to regulation of navigable waters and wetlands, 18 $200,000,000, to remain available until September 30, 19 2021. 20 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 21 For expenses necessary to clean up contamination 22 from sites in the United States resulting from work per- 23 formed as part of the Nation’s early atomic energy pro- 24 gram, $200,000,000, to remain available until expended. 25 7 •S 2470 RS FLOOD CONTROL AND COASTAL EMERGENCIES 1 For expenses necessary to prepare for flood, hurri- 2 cane, and other natural disasters and support emergency 3 operations, repairs, and other activities in response to 4 such disasters as authorized by law, $35,000,000, to re- 5 main available until expended. 6 EXPENSES 7 For expenses necessary for the supervision and gen- 8 eral administration of the civil works program in the head- 9 quarters of the Corps of Engineers and the offices of the 10 Division Engineers; and for costs of management and op- 11 eration of the Humphreys Engineer Center Support Activ- 12 ity, the Institute for Water Resources, the United States 13 Army Engineer Research and Development Center, and 14 the United States Army Corps of Engineers Finance Cen- 15 ter allocable to the civil works program, $193,000,000, to 16 remain available until September 30, 2021, of which not 17 to exceed $5,000 may be used for official reception and 18 representation purposes and only during the current fiscal 19 year: Provided, That no part of any other appropriation 20 provided in this title shall be available to fund the civil 21 works activities of the Office of the Chief of Engineers 22 or the civil works executive direction and management ac- 23 tivities of the division offices: Provided further, That any 24 Flood Control and Coastal Emergencies appropriation 25 8 •S 2470 RS may be used to fund the supervision and general adminis- 1 tration of emergency operations, repairs, and other activi- 2 ties in response to any flood, hurricane, or other natural 3 disaster. 4 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 5 FOR CIVIL WORKS 6 For the Office of the Assistant Secretary of the Army 7 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 8 $5,000,000, to remain available until September 30, 2021: 9 Provided, That not more than 25 percent of such amount 10 may be obligated or expended until the Assistant Sec- 11 retary submits to the Committees on Appropriations of 12 both Houses of Congress a work plan that allocates at 13 least 95 percent of the additional funding provided under 14 each heading in this title, as designated under such head- 15 ing in the report of the Committee on Appropriations ac- 16 companying this Act, to specific programs, projects, or ac- 17 tivities. 18 GENERAL PROVISIONS—CORPS OF 19 ENGINEERS—CIVIL 20 (INCLUDING TRANSFER OF FUNDS) 21 SEC. 101. (a) None of the funds provided in title I 22 of this Act, or provided by previous appropriations Acts 23 to the agencies or entities funded in title I of this Act 24 that remain available for obligation or expenditure in fiscal 25 9 •S 2470 RS year 2020, shall be available for obligation or expenditure 1 through a reprogramming of funds that: 2 (1) creates or initiates a new program, project, 3 or activity; 4 (2) eliminates a program, project, or activity; 5 (3) increases funds or personnel for any pro- 6 gram, project, or activity for which funds have been 7 denied or restricted by this Act, unless prior ap- 8 proval is received from the House and Senate Com- 9 mittees on Appropriations; 10 (4) proposes to use funds directed for a specific 11 activity for a different purpose, unless prior approval 12 is received from the House and Senate Committees 13 on Appropriations; 14 (5) augments or reduces existing programs, 15 projects, or activities in excess of the amounts con- 16 tained in paragraphs (6) through (10), unless prior 17 approval is received from the House and Senate 18 Committees on Appropriations; 19 (6) INVESTIGATIONS.—For a base level over 20 $100,000, reprogramming of 25 percent of the base 21 amount up to a limit of $150,000 per project, study 22 or activity is allowed: Provided, That for a base level 23 less than $100,000, the reprogramming limit is 24 $25,000: Provided further, That up to $25,000 may 25 10 •S 2470 RS be reprogrammed into any continuing study or activ- 1 ity that did not receive an appropriation for existing 2 obligations and concomitant administrative expenses; 3 (7) CONSTRUCTION.—For a base level over 4 $2,000,000, reprogramming of 15 percent of the 5 base amount up to a limit of $3,000,000 per project, 6 study or activity is allowed: Provided, That for a 7 base level less than $2,000,000, the reprogramming 8 limit is $300,000: Provided further, That up to 9 $3,000,000 may be reprogrammed for settled con- 10 tractor claims, changed conditions, or real estate de- 11 ficiency judgments: Provided further, That up to 12 $300,000 may be reprogrammed into any continuing 13 study or activity that did not receive an appropria- 14 tion for existing obligations and concomitant admin- 15 istrative expenses; 16 (8) OPERATION AND MAINTENANCE.—Unlim- 17 ited reprogramming authority is granted for the 18 Corps to be able to respond to emergencies: Pro- 19 vided, That the Chief of Engineers shall notify the 20 House and Senate Committees on Appropriations of 21 these emergency actions as soon thereafter as prac- 22 ticable: Provided further, That for a base level over 23 $1,000,000, reprogramming of 15 percent of the 24 base amount up to a limit of $5,000,000 per project, 25 11 •S 2470 RS study, or activity is allowed: Provided further, That 1 for a base level less than $1,000,000, the re- 2 programming limit is $150,000: Provided further, 3 That $150,000 may be reprogrammed into any con- 4 tinuing study or activity that did not receive an ap- 5 propriation; 6 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 7 The reprogramming guidelines in paragraphs (6), 8 (7), and (8) shall apply to the Investigations, Con- 9 struction, and Operation and Maintenance portions 10 of the Mississippi River and Tributaries Account, re- 11 spectively; and 12 (10) FORMERLY UTILIZED SITES REMEDIAL AC- 13 TION PROGRAM.—Reprogramming of up to 15 per- 14 cent of the base of the receiving project is permitted. 15 (b) DE MINIMUS REPROGRAMMINGS.—In no case 16 should a reprogramming for less than $50,000 be sub- 17 mitted to the House and Senate Committees on Appro- 18 priations. 19 (c) CONTINUING AUTHORITIES PROGRAM.—Sub- 20 section (a)(1) shall not apply to any project or activity 21 funded under the continuing authorities program. 22 (d) Not later than 60 days after the date of enact- 23 ment of this Act, the Secretary shall submit a report to 24 the House and Senate Committees on Appropriations to 25 12 •S 2470 RS establish the baseline for application of reprogramming 1 and transfer authorities for the current fiscal year which 2 shall include: 3 (1) A table for each appropriation with a sepa- 4 rate column to display the President’s budget re- 5 quest, adjustments made by Congress, adjustments 6 due to enacted rescissions, if applicable, and the fis- 7 cal year enacted level; and 8 (2) A delineation in the table for each appr [Text truncated for display. 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