Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2021, and for other purposes.

IB Union Calendar No. 361 116TH CONGRESS 2D SESSION H. R. 7613 [Report No. 116–449] Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 15, 2020 Ms. KAPTUR, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2021, and for other purposes. VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7613 RH 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 the 4 fiscal year ending September 30, 2021, and for other pur- 5 poses, namely: 6 TITLE I 7 CORPS OF ENGINEERS—CIVIL 8 DEPARTMENT OF THE ARMY 9 CORPS OF ENGINEERS—CIVIL 10 The following appropriations shall be expended under 11 the direction of the Secretary of the Army and the super- 12 vision of the Chief of Engineers for authorized civil func- 13 tions of the Department of the Army pertaining to river 14 and harbor, flood and storm damage reduction, shore pro- 15 tection, aquatic ecosystem restoration, and related efforts. 16 INVESTIGATIONS 17 For expenses necessary where authorized by law for 18 the collection and study of basic information pertaining 19 to river and harbor, flood and storm damage reduction, 20 shore protection, aquatic ecosystem restoration, and re- 21 lated needs; for surveys and detailed studies, and plans 22 and specifications of proposed river and harbor, flood and 23 storm damage reduction, shore protection, and aquatic 24 ecosystem restoration projects, and related efforts prior to 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7613 RH construction; for restudy of authorized projects; and for 1 miscellaneous investigations, and, when authorized by law, 2 surveys and detailed studies, and plans and specifications 3 of projects prior to construction, $151,000,000, to remain 4 available until expended: Provided, That the Secretary 5 shall initiate seven new study starts during fiscal year 6 2021: Provided further, That the Secretary shall not devi- 7 ate from the new starts proposed in the work plan, once 8 the plan has been submitted to the Committees on Appro- 9 priations of both Houses of Congress. 10 CONSTRUCTION 11 For expenses necessary for the construction of river 12 and harbor, flood and storm damage reduction, shore pro- 13 tection, aquatic ecosystem restoration, and related 14 projects authorized by law; for conducting detailed studies, 15 and plans and specifications, of such projects (including 16 those involving participation by States, local governments, 17 or private groups) authorized or made eligible for selection 18 by law (but such detailed studies, and plans and specifica- 19 tions, shall not constitute a commitment of the Govern- 20 ment to construction); $2,619,855,000, to remain avail- 21 able until expended; of which such sums as are necessary 22 to cover the Federal share of construction costs for facili- 23 ties under the Dredged Material Disposal Facilities pro- 24 gram shall be derived from the Harbor Maintenance Trust 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7613 RH Fund as authorized by Public Law 104–303; and of which 1 such sums as are necessary to cover one-half of the costs 2 of construction, replacement, rehabilitation, and expansion 3 of inland waterways projects shall be derived from the In- 4 land Waterways Trust Fund, except as otherwise specifi- 5 cally provided for in law. 6 MISSISSIPPI RIVER AND TRIBUTARIES 7 For expenses necessary for flood damage reduction 8 projects and related efforts in the Mississippi River allu- 9 vial valley below Cape Girardeau, Missouri, as authorized 10 by law, $365,000,000, to remain available until expended, 11 of which such sums as are necessary to cover the Federal 12 share of eligible operation and maintenance costs for in- 13 land harbors shall be derived from the Harbor Mainte- 14 nance Trust Fund. 15 OPERATION AND MAINTENANCE 16 For expenses necessary for the operation, mainte- 17 nance, and care of existing river and harbor, flood and 18 storm damage reduction, aquatic ecosystem restoration, 19 and related projects authorized by law; providing security 20 for infrastructure owned or operated by the Corps, includ- 21 ing administrative buildings and laboratories; maintaining 22 harbor channels provided by a State, municipality, or 23 other public agency that serve essential navigation needs 24 of general commerce, where authorized by law; surveying 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7613 RH and charting northern and northwestern lakes and con- 1 necting waters; clearing and straightening channels; and 2 removing obstructions to navigation, $3,838,000,000, to 3 remain available until expended, of which such sums as 4 are necessary to cover the Federal share of eligible oper- 5 ation and maintenance costs for coastal harbors and chan- 6 nels, and for inland harbors shall be derived from the Har- 7 bor Maintenance Trust Fund; of which such sums as be- 8 come available from the special account for the Corps of 9 Engineers established by the Land and Water Conserva- 10 tion Fund Act of 1965 shall be derived from that account 11 for resource protection, research, interpretation, and 12 maintenance activities related to resource protection in the 13 areas at which outdoor recreation is available; and of 14 which such sums as become available from fees collected 15 under section 217 of Public Law 104–303 shall be used 16 to cover the cost of operation and maintenance of the 17 dredged material disposal facilities for which such fees 18 have been collected: Provided, That 1 percent of the total 19 amount of funds provided for each of the programs, 20 projects, or activities funded under this heading shall not 21 be allocated to a field operating activity prior to the begin- 22 ning of the fourth quarter of the fiscal year and shall be 23 available for use by the Chief of Engineers to fund such 24 emergency activities as the Chief of Engineers determines 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7613 RH to be necessary and appropriate, and that the Chief of En- 1 gineers shall allocate during the fourth quarter any re- 2 maining funds which have not been used for emergency 3 activities proportionally in accordance with the amounts 4 provided for the programs, projects, or activities. 5 REGULATORY PROGRAM 6 For expenses necessary for administration of laws 7 pertaining to regulation of navigable waters and wetlands, 8 $205,000,000, to remain available until September 30, 9 2022. 10 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 11 For expenses necessary to clean up contamination 12 from sites in the United States resulting from work per- 13 formed as part of the Nation’s early atomic energy pro- 14 gram, $210,000,000, to remain available until expended. 15 FLOOD CONTROL AND COASTAL EMERGENCIES 16 For expenses necessary to prepare for flood, hurri- 17 cane, and other natural disasters and support emergency 18 operations, repairs, and other activities in response to 19 such disasters as authorized by law, $35,000,000, to re- 20 main available until expended. 21 EXPENSES 22 For expenses necessary for the supervision and gen- 23 eral administration of the civil works program in the head- 24 quarters of the Corps of Engineers and the offices of the 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7613 RH Division Engineers; and for costs of management and op- 1 eration of the Humphreys Engineer Center Support Activ- 2 ity, the Institute for Water Resources, the United States 3 Army Engineer Research and Development Center, and 4 the United States Army Corps of Engineers Finance Cen- 5 ter allocable to the civil works program, $200,000,000, to 6 remain available until September 30, 2022, of which not 7 to exceed $5,000 may be used for official reception and 8 representation purposes and only during the current fiscal 9 year: Provided, That no part of any other appropriation 10 provided in this title shall be available to fund the civil 11 works activities of the Office of the Chief of Engineers 12 or the civil works executive direction and management ac- 13 tivities of the division offices: Provided further, That any 14 Flood Control and Coastal Emergencies appropriation 15 may be used to fund the supervision and general adminis- 16 tration of emergency operations, repairs, and other activi- 17 ties in response to any flood, hurricane, or other natural 18 disaster. 19 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 20 FOR CIVIL WORKS 21 For the Office of the Assistant Secretary of the Army 22 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 23 $5,000,000, to remain available until September 30, 2022: 24 Provided, That not more than 25 percent of such amount 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7613 RH may be obligated or expended until the Assistant Sec- 1 retary submits to the Committees on Appropriations of 2 both Houses of Congress a work plan that allocates at 3 least 95 percent of the additional funding provided under 4 each heading in this title, as designated under such head- 5 ing in the report of the Committee on Appropriations ac- 6 companying this Act, to specific programs, projects, or ac- 7 tivities. 8 GENERAL PROVISIONS—CORPS OF 9 ENGINEERS—CIVIL 10 (INCLUDING TRANSFER OF FUNDS) 11 SEC. 101. (a) None of the funds provided in this title 12 shall be available for obligation or expenditure through a 13 reprogramming of funds that— 14 (1) creates or initiates a new program, project, 15 or activity; 16 (2) eliminates a program, project, or activity; 17 (3) increases funds or personnel for any pro- 18 gram, project, or activity for which funds have been 19 denied or restricted by this Act; 20 (4) reduces funds that are directed to be used 21 for a specific program, project, or activity by this 22 Act; 23 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7613 RH (5) increases funds for any program, project, or 1 activity by more than $2,000,000 or 10 percent, 2 whichever is less; or 3 (6) reduces funds for any program, project, or 4 activity by more than $2,000,000 or 10 percent, 5 whichever is less. 6 (b) Subsection (a)(1) shall not apply to any project 7 or activity authorized under section 205 of the Flood Con- 8 trol Act of 1948, section 14 of the Flood Control Act of 9 1946, section 208 of the Flood Control Act of 1954, sec- 10 tion 107 of the River and Harbor Act of 1960, section 11 103 of the River and Harbor Act of 1962, section 111 12 of the River and Harbor Act of 1968, section 1135 of the 13 Water Resources Development Act of 1986, section 206 14 of the Water Resources Development Act of 1996, or sec- 15 tion 204 of the Water Resources Development Act of 16 1992. 17 (c) The Corps of Engineers shall submit reports on 18 a quarterly basis directly to the Committees on Appropria- 19 tions of both Houses of Congress detailing all the funds 20 reprogrammed between programs, projects, activities, or 21 categories of funding. The first quarterly report shall be 22 submitted not later than 60 days after the date of enact- 23 ment of this Act. 24 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7613 RH SEC. 102. None of the funds made available in this 1 title may be used to award or modify any contract that 2 commits funds beyond the amounts appropriated for that 3 program, project, or activity that remain unobligated, ex- 4 cept that such amounts may include any funds that have 5 been made available through reprogramming pursuant to 6 section 101. 7 SEC. 103. The Secretary of the Army may transfer 8 to the Fish and Wildlife Service, and the Fish and Wildlife 9 Service may accept and expend, up to $5,400,000 of funds 10 provided in this title under the heading ‘‘Operation and 11 Maintenance’’ to mitigate for fisheries lost due to Corps 12 of Engineers projects. 13 SEC. 104. None of the funds in this Act shall be used 14 for an open lake placement alternative for dredged mate- 15 rial, after evaluating the least costly, environmentally ac- 16 ceptable manner for the disposal or management of 17 dredged material originating from Lake Erie or tributaries 18 thereto, unless it is approved under a State water quality 19 certification pursuant to section 401 of the Federal Water 20 Pollution Control Act (33 U.S.C. 1341): Provided, That 21 until an open lake placement alternative for dredged mate- 22 rial is approved under a State water quality certification, 23 the Corps of Engineers shall continue upland placement 24 of such dredged material consistent with the requirements 25 VerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7613 RH of section 101 of the Water Resources Development Act 1 of 1986 (33 U.S.C. 2211). 2 SEC. 105. None of the funds made available by this 3 Act may be used to carry out any water supply reallocation 4 study under the Wolf Creek Dam, Lake Cumberland, Ken- 5 tucky, project authorized under the Act of July 24, 1946 6 (60 Stat. 636, ch. 595). 7 SEC. 106. None of the funds made available by this 8 Act or any other Act may be used to reorganize or to 9 transfer the Civil Works functions or authority of the 10 Corps of Engineers or the Secretary of the Army to an- 11 other department or agency. 12 SEC. 107. Additional funding provided in this Act 13 shall be allocated only to projects determi [Text truncated for display. Full text available on Congress.gov.]