Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes.

IB Union Calendar No. 58 116TH CONGRESS 1ST SESSION H. R. 2960 [Report No. 116–83] Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 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, 2020, and for other purposes. VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2960 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 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 TITLE I 8 CORPS OF ENGINEERS—CIVIL 9 DEPARTMENT OF THE ARMY 10 CORPS OF ENGINEERS—CIVIL 11 The following appropriations shall be expended under 12 the direction of the Secretary of the Army and the super- 13 vision of the Chief of Engineers for authorized civil func- 14 tions of the Department of the Army pertaining to river 15 and harbor, flood and storm damage reduction, shore pro- 16 tection, aquatic ecosystem restoration, and related efforts. 17 INVESTIGATIONS 18 For expenses necessary where authorized by law for 19 the collection and study of basic information pertaining 20 to river and harbor, flood and storm damage reduction, 21 shore protection, aquatic ecosystem restoration, and re- 22 lated needs; for surveys and detailed studies, and plans 23 and specifications of proposed river and harbor, flood and 24 storm damage reduction, shore protection, and aquatic 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2960 RH ecosystem restoration projects, and related efforts prior to 1 construction; for restudy of authorized projects; and for 2 miscellaneous investigations, and, when authorized by law, 3 surveys and detailed studies, and plans and specifications 4 of projects prior to construction, $135,000,000, to remain 5 available until expended: Provided, That the Secretary 6 shall initiate six new study starts during fiscal year 2020: 7 Provided further, That the Secretary shall not deviate from 8 the new starts proposed in the work plan, once the plan 9 has been submitted to the Committees on Appropriations 10 of both Houses of Congress. 11 CONSTRUCTION 12 For expenses necessary for the construction of river 13 and harbor, flood and storm damage reduction, shore pro- 14 tection, aquatic ecosystem restoration, and related 15 projects authorized by law; for conducting detailed studies, 16 and plans and specifications, of such projects (including 17 those involving participation by States, local governments, 18 or private groups) authorized or made eligible for selection 19 by law (but such detailed studies, and plans and specifica- 20 tions, shall not constitute a commitment of the Govern- 21 ment to construction); $2,337,000,000, to remain avail- 22 able until expended; of which such sums as are necessary 23 to cover the Federal share of construction costs for facili- 24 ties under the Dredged Material Disposal Facilities pro- 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2960 RH gram shall be derived from the Harbor Maintenance Trust 1 Fund as authorized by Public Law 104–303; and of which 2 such sums as are necessary to cover one-half of the costs 3 of construction, replacement, rehabilitation, and expansion 4 of inland waterways projects shall be derived from the In- 5 land Waterways Trust Fund, except as otherwise specifi- 6 cally provided for in law: Provided, That the Secretary 7 shall initiate six new construction starts during fiscal year 8 2020: Provided further, That for new construction 9 projects, project cost sharing agreements shall be executed 10 as soon as practicable but no later than September 30, 11 2020: Provided further, That no allocation for a new start 12 shall be considered final and no work allowance shall be 13 made until the Secretary provides to the Committees on 14 Appropriations of both Houses of Congress an out-year 15 funding scenario demonstrating the affordability of the se- 16 lected new starts and the impacts on other projects: Pro- 17 vided further, That the Secretary may not deviate from 18 the new starts proposed in the work plan, once the plan 19 has been submitted to the Committees on Appropriations 20 of both Houses of Congress. 21 MISSISSIPPI RIVER AND TRIBUTARIES 22 For expenses necessary for flood damage reduction 23 projects and related efforts in the Mississippi River allu- 24 vial valley below Cape Girardeau, Missouri, as authorized 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2960 RH by law, $350,000,000, to remain available until expended, 1 of which such sums as are necessary to cover the Federal 2 share of eligible operation and maintenance costs for in- 3 land harbors shall be derived from the Harbor Mainte- 4 nance Trust Fund. 5 OPERATION AND MAINTENANCE 6 For expenses necessary for the operation, mainte- 7 nance, and care of existing river and harbor, flood and 8 storm damage reduction, aquatic ecosystem restoration, 9 and related projects authorized by law; providing security 10 for infrastructure owned or operated by the Corps, includ- 11 ing administrative buildings and laboratories; maintaining 12 harbor channels provided by a State, municipality, or 13 other public agency that serve essential navigation needs 14 of general commerce, where authorized by law; surveying 15 and charting northern and northwestern lakes and con- 16 necting waters; clearing and straightening channels; and 17 removing obstructions to navigation, $3,923,000,000, to 18 remain available until expended, of which such sums as 19 are necessary to cover the Federal share of eligible oper- 20 ation and maintenance costs for coastal harbors and chan- 21 nels, and for inland harbors shall be derived from the Har- 22 bor Maintenance Trust Fund; of which such sums as be- 23 come available from the special account for the Corps of 24 Engineers established by the Land and Water Conserva- 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2960 RH tion Fund Act of 1965 shall be derived from that account 1 for resource protection, research, interpretation, and 2 maintenance activities related to resource protection in the 3 areas at which outdoor recreation is available; and of 4 which such sums as become available from fees collected 5 under section 217 of Public Law 104–303 shall be used 6 to cover the cost of operation and maintenance of the 7 dredged material disposal facilities for which such fees 8 have been collected: Provided, That 1 percent of the total 9 amount of funds provided for each of the programs, 10 projects, or activities funded under this heading shall not 11 be allocated to a field operating activity prior to the begin- 12 ning of the fourth quarter of the fiscal year and shall be 13 available for use by the Chief of Engineers to fund such 14 emergency activities as the Chief of Engineers determines 15 to be necessary and appropriate, and that the Chief of En- 16 gineers shall allocate during the fourth quarter any re- 17 maining funds which have not been used for emergency 18 activities proportionally in accordance with the amounts 19 provided for the programs, projects, or activities. 20 REGULATORY PROGRAM 21 For expenses necessary for administration of laws 22 pertaining to regulation of navigable waters and wetlands, 23 $210,000,000, to remain available until September 30, 24 2021. 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2960 RH FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 1 For expenses necessary to clean up contamination 2 from sites in the United States resulting from work per- 3 formed as part of the Nation’s early atomic energy pro- 4 gram, $155,000,000, to remain available until expended. 5 FLOOD CONTROL AND COASTAL EMERGENCIES 6 For expenses necessary to prepare for flood, hurri- 7 cane, and other natural disasters and support emergency 8 operations, repairs, and other activities in response to 9 such disasters as authorized by law, $37,500,000, to re- 10 main available until expended. 11 EXPENSES 12 For expenses necessary for the supervision and gen- 13 eral administration of the civil works program in the head- 14 quarters of the Corps of Engineers and the offices of the 15 Division Engineers; and for costs of management and op- 16 eration of the Humphreys Engineer Center Support Activ- 17 ity, the Institute for Water Resources, the United States 18 Army Engineer Research and Development Center, and 19 the United States Army Corps of Engineers Finance Cen- 20 ter allocable to the civil works program, $203,000,000, to 21 remain available until September 30, 2021, of which not 22 to exceed $5,000 may be used for official reception and 23 representation purposes and only during the current fiscal 24 year: Provided, That no part of any other appropriation 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2960 RH provided in this title shall be available to fund the civil 1 works activities of the Office of the Chief of Engineers 2 or the civil works executive direction and management ac- 3 tivities of the division offices: Provided further, That any 4 Flood Control and Coastal Emergencies appropriation 5 may be used to fund the supervision and general adminis- 6 tration of emergency operations, repairs, and other activi- 7 ties in response to any flood, hurricane, or other natural 8 disaster. 9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 10 FOR CIVIL WORKS 11 For the Office of the Assistant Secretary of the Army 12 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 13 $5,000,000, to remain available until September 30, 2021: 14 Provided, That not more than 25 percent of such amount 15 may be obligated or expended until the Assistant Sec- 16 retary submits to the Committees on Appropriations of 17 both Houses of Congress a work plan that allocates at 18 least 95 percent of the additional funding provided under 19 each heading in this title, as designated under such head- 20 ing in the report of the Committee on Appropriations ac- 21 companying this Act, to specific programs, projects, or ac- 22 tivities. 23 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2960 RH GENERAL PROVISIONS—CORPS OF 1 ENGINEERS—CIVIL 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 101. (a) None of the funds provided in this title 4 shall be available for obligation or expenditure through a 5 reprogramming of funds that— 6 (1) creates or initiates a new program, project, 7 or activity; 8 (2) eliminates a program, project, or activity; 9 (3) increases funds or personnel for any pro- 10 gram, project, or activity for which funds have been 11 denied or restricted by this Act; 12 (4) reduces funds that are directed to be used 13 for a specific program, project, or activity by this 14 Act; 15 (5) increases funds for any program, project, or 16 activity by more than $2,000,000 or 10 percent, 17 whichever is less; or 18 (6) reduces funds for any program, project, or 19 activity by more than $2,000,000 or 10 percent, 20 whichever is less. 21 (b) Subsection (a)(1) shall not apply to any project 22 or activity authorized under section 205 of the Flood Con- 23 trol Act of 1948, section 14 of the Flood Control Act of 24 1946, section 208 of the Flood Control Act of 1954, sec- 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2960 RH tion 107 of the River and Harbor Act of 1960, section 1 103 of the River and Harbor Act of 1962, section 111 2 of the River and Harbor Act of 1968, section 1135 of the 3 Water Resources Development Act of 1986, section 206 4 of the Water Resources Development Act of 1996, or sec- 5 tion 204 of the Water Resources Development Act of 6 1992. 7 (c) The Corps of Engineers shall submit reports on 8 a quarterly basis to the Committees on Appropriations of 9 both Houses of Congress detailing all the funds repro- 10 grammed between programs, projects, activities, or cat- 11 egories of funding. The first quarterly report shall be sub- 12 mitted not later than 60 days after the date of enactment 13 of this Act. 14 SEC. 102. None of the funds made available in this 15 title may be used to award or modify any contract that 16 commits funds beyond the amounts appropriated for that 17 program, project, or activity that remain unobligated, ex- 18 cept that such amounts may include any funds that have 19 been made available through reprogramming pursuant to 20 section 101. 21 SEC. 103. The Secretary of the Army may transfer 22 to the Fish and Wildlife Service, and the Fish and Wildlife 23 Service may accept and expend, up to $5,400,000 of funds 24 provided in this title under the heading ‘‘Operation and 25 VerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2960 RH Maintenance’’ to mitigate for fisheries lost due to Corps 1 of Engineers projects. 2 SEC. 104. None of the funds in this Act shall be used 3 for an open lake placement alternative for dredged mate- 4 rial, after evaluating the least costly, environmentally ac- 5 ceptable manner for the disposal or management of 6 dredged material originating from Lake Erie or tributaries 7 thereto, unless it is approved under a State water quality 8 certification pursuant to section 401 of the Federal Water 9 Pollution Control Act (33 U.S.C. 1341): Provided, That 10 until an open lake placement alternative for dredged mate- 11 rial [Text truncated for display. Full text available on Congress.gov.]