S 1245 Energy and Water Development and Related Agencies Appropriations Act, 2014

About S.1245

Energy and Water Development and Related Agencies Appropriations Act, 2014 - Makes appropriations for energy and water development and related agencies for FY 2014. Title I: Corps Of Engineers-Civil - Makes appropriations for FY2014 to the Department of the Army, Corps of Engineers-Civil, for:

• (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri);
• (2) the regulatory program pertaining to navigable waters and wetlands;
• (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination;
• (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and
• (5) the Office of Assistant Secretary of the Army for Civil Works

Section 101

Prohibits funds provided either in this Act or by previous appropriations Acts from remaining available for obligation or expenditure in FY2014 through a reprogramming that would:

• (1) either create, initiate, or eliminate a new program, project, or activity;
• (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from congressional committees on appropriations;
• (3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such committees; or
• (4) augment or reduce existing programs, projects, or activities in excess of specified amounts without prior approval from such committees

Permits reprogramming under specified conditions for:

• (1) general investigations,
• (2) general construction, and
• (3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program)

Discourages submission to the congressional appropriations committees of any reprogramming for less than $50,000 (de minimus reprogrammings). Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program. Directs the Corps of Engineers to report to the congressional appropriations committees a baseline for application of reprogramming and transfer authorities for the current fiscal year.

Section 102

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

Section 103

Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin.

Section 104

Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects.

Section 105

Amends the Water Resources Development Act of 1988 to increase to $2.918 billion the authorized federal cost of the navigation project for the Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky.

Section 106

Terminates the authorization for:

• (1) a navigation project consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, Ipswich River, Massachusetts;
• (2) a specified portion of the project for navigation, Chicago Harbor, Illinois; and
• (3) a specified portion of the project for navigation, Warwick Cove, Rhode Island

Section 109

Modifies the project for flood control, Little Calumet River, Indiana, to authorize the Secretary to implement the project at a specified total cost, with specified estimated federal and non-federal costs.

Section 110

Authorizes the Secretary to carry over credits in excess of the Non-Federal Sponsor's share of the total project cost between the C-111 South Dade project and the Kissimmee River project in Florida. Amends the Water Resources Development Act of 1992 to combine into a single authorized total project cost two current authorized Kissimmee River project costs for ecosystem restoration and headwaters revitalization projects.

Section 111

Increases the authorized costs of the navigation project, Miami Harbor, Miami-Dade County, Florida.

Section 112

Requires the Cape Arundel Disposal Site (Maine), selected by the Department of the Army as an alternative dredged material disposal site, to remain open until the remaining disposal capacity of the site has been utilized, or until completion of an Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site for southern Maine, whichever first occurs, provided that the site conditions remain suitable for such purpose and that the site may not be used for disposal of more than 80,000 cubic yards from any single dredging project.

Section 113

Requires the Little Rock District to be a full service district and prohibits funds from being used towards efforts that would reduce the expertise or personnel needed to plan and implement programs, projects, or activities executed by the Little Rock District.

Section 114

Prohibits funds specified for the Corps of Engineers from being used to relocate or consolidate general and administrative functions in the Chicago District of the Corps of Engineers. Title II: Department Of The Interior - Makes FY2014 appropriations to the Department of the Interior for:

• (1) the Bureau of Reclamation, including water and related natural resources;
• (2) the Central Valley Project Restoration Fund;
• (3) California Bay-Delta Restoration;
• (4) the Central Utah Project; and
• (5) administrative expenses in the Office of the Commissioner (the Denver office)

Section 201

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

• (1) create or initiate a new program, project, or activity;
• (2) eliminate an existing program, project, or activity;
• (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or
• (4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such appropriations committees

Prohibits the availability of funds, without prior approval from such committees, for any reprogramming that transfers funds in excess of:

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

Extends the same prohibition, without prior approval from such committees, for any reprogramming that transfers more than:

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

Section 202

Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the state of California have developed a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA) to minimize any detrimental effect of the San Luis drainage waters. Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans. Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies.

Section 203

Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for:

• (1) the storage of Central Valley Project water supplies,
• (2) the purchase of stored water,
• (3) the purchase of shares or an interest in ground banking facilities, or
• (4) the use of Central Valley Project water as a medium of payment for groundwater banking services

Section 204

Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992. Authorizes the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation, to initiate and complete programmatic environmental compliance in order to facilitate voluntary water transfers within the Central Valley Project. Directs the Commissioner of the Bureau of Reclamation to report quadriennially to certain congressional committees on:

• (1) the status of efforts to facilitate and improve water transfers within the Central Valley Project, and water transfers between the Central Valley Project and other water projects in California;
• (2) an evaluation of potential effects of this Act upon federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and
• (3) recommended ways to facilitate and improve the process for such transfers

Section 205

Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend its authorities and increase appropriations through FY2017.

Section 206

Amends the Calfed Bay-Delta Authorization Act to extend through FY2018 the Calfed Bay-Delta program and the authorization of appropriations.

Section 207

Amends the Secure Water Act of 2009 to increase to $250 million the authorization of appropriations for the water management improvement grant program.

Section 208

Amends the Water Desalination Act of 1996 to extend through FY2018 the authorization of appropriations for desalination demonstration and development.

Section 209

Authorizes the Secretary of the Interior to partner with, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed by irrigation districts, other local water districts, and local governments, to advance congressionally authorized planning and feasibility studies for water storage projects.

Section 210

Amends the San Joaquin River Restoration Settlement Act to move back from October 1, 2019, to October 1, 2014, the date when all funds in the San Joaquin River Restoration Fund shall be available for expenditure for up to $40 million on an annual basis without further appropriation.

Section 211

Amends the Central Utah Project Completion Act of 1992 to repeal the prohibition that does not allow the Secretary of the Interior to delegate to the Bureau of Reclamation responsibilities for the Colorado River Storage Project.

Section 212

Amends the Fort Peck Reservation Rural Water System Act of 2000 to extend to through FY2020 the authorization of appropriations for planning, design, and construction of:

• (1) the Assiniboine and Sioux Rural Water System, and
• (2) the Dry Prairie Rural Water System

Title III: Department Of Energy - Makes appropriations for FY2014 to the Department of Energy (DOE) for energy and science programs, including:

• (1) energy efficiency and renewable energy,
• (2) electricity delivery and energy reliability,
• (3) nuclear energy,
• (4) fossil energy research and development,
• (5) naval petroleum and oil shale reserves,
• (6) the Strategic Petroleum Reserve (SPR),
• (7) the Northeast Home Heating Oil Reserve,
• (8) the Energy Information Administration,
• (9) non-defense environmental cleanup, (10) the Uranium Enrichment Decontamination and Decommissioning Fund, (11) science activities, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration (NNSA) and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the NNSA Administrator, (21) atomic energy defense environmental cleanup, and (22) other defense activities including plant and capital expenses for atomic energy defense and classified activities

Approves expenditures from the Bonneville Power Administration Fund for high voltage line construction to specified service areas. Prohibits any new direct loan obligations from the Fund during FY2014. Makes FY2014 appropriations for operation and maintenance of:

• (1) the Southeastern Power Administration;
• (2) the Southwestern Power Administration;
• (3) the Western Area Power Administration, including construction and rehabilitation;
• (4) the Falcon and Amistad Dams Operating and Maintenance Fund; and
• (5) the Federal Energy Regulatory Commission (FERC)

Section 301

Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for in this Act.

Section 302

Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2014 until enactment of the Intelligence Authorization Act for FY 2014.

Section 303

Prohibits:

• (1) the transfer of funds that exceed 5% or $100,000, whichever is less, between appropriations for DOE activities in this Act or subsequent Energy and Water Development and Related Agencies Appropriations Acts; and
• (2) the increase or decrease by more than 5% by such transfers

Requires any such proposed transfers to be submitted promptly to the congressional appropriations committees.

Section 304

Prohibits the use of funds to:

• (1) construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure compliance with nuclear safety requirements; or
• (2) approve a Critical Decision-2 or Critical Decision-3 under a specified DOE Order for construction projects where the total project cost exceeds $100 million, until a separate independent cost estimate has been developed

Section 306

Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry. Requires the Secretary of Energy (Secretary in this title) to report to congressional appropriations committees 30 days before the provision of uranium in any form:

• (1) the amount of uranium involved and the expected provision date,
• (2) an estimate of its gross market value on the transaction date,
• (3) the value of the services DOE expects to receive in exchange for the uranium, and
• (4) the recipient of the uranium

Requires DOE to report to congressional appropriations committees regarding a revised excess uranium inventory management plan for FY2015-FY2019.

Section 307

Amends the Continuing Appropriations Resolution, 2007 to change from annual to once every three years the mandatory review by Comptroller General (GAO) of DOE's execution of the program of Incentives for Innovative Technologies under the Energy Policy Act of 2005, consisting of guarantees for certain projects, including gasification and liquefaction projects, that:

• (1) avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and
• (2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued

Section 308

Authorizes the Secretary to appoint for up to 4 years exceptionally well-qualified individuals to as many as 120 scientific, engineering, or other critical technical positions, without regard to specified requirements.

Section 309

Authorizes the Secretary to conduct a pilot program through private sector partners to license, construct, and operate government or privately owned consolidated storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste, with priority given to spent nuclear fuel located on sites without an operating nuclear reactor. Directs the Secretary to issue a request for proposals for cooperative agreements to:

• (1) obtain any license necessary from the Nuclear Regulatory Commission (NRC) for the construction of consolidated storage facilities,
• (2) demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, and
• (3) demonstrate safe storage of spent nuclear fuel and high-level radioactive waste at consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel

Authorizes DOE to make expenditures from the Nuclear Waste Fund to implement the pilot program, subject to appropriations.

Section 310

Amends the Energy Independence and Security Act to repeal the requirement that DOE make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time.

Section 311

Amends the Department of Energy Organization Act to change to once every four years the surveys the Administrator of the Energy Information Administration is required to conduct regarding:

• (1) energy consumption in U.S. manufacturing industries (currently every two years), and
• (2) residential and commercial energy use (currently every three years)

Section 312

Authorizes DOE to use appropriated funds to study possible conversion to contractor performance of functions performed by federal employees at the New Brunswick Laboratory.

Section 313

Reduces by $7 million funds appropriated in this Act for non-defense programs in order to reflect savings from limiting foreign travel for DOE contractors.

Section 314

Declares that first tier subcontracts awarded by Management and Operating contractors sponsored by DOE to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall be considered toward the annually established agency and government-wide goals for small business participation in procurement contracts awarded.

Section 315

Establishes an independent Commission to Review the Effectiveness of the National Energy Laboratories.

Section 316

Requires that the Senate Committee on Appropriations receive a 30-day advance notification of at-risk award fees for Management and Operating contractors that result in award term extensions, including a detailed explanation of any waiver or adjustment made to such extensions by the NNSA's Fee Determining Official. Title IV: Independent Agencies - Makes FY2014 appropriations to:

• (1) the Appalachian Regional Commission;
• (2) the Defense Nuclear Facilities Safety Board;
• (3) the Delta Regional Authority;
• (4) the Denali Commission;
• (5) the Northern Border Regional Commission;
• (6) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General;
• (7) the Nuclear Waste Technical Review Board; and
• (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects

Section 401

Authorizes the Denali Commission to use for administrative expenses certain amounts transferred pursuant to the Department of Transportation and Related Agencies Appropriations Act, 1999. Title V: General Provisions -

Section 501

Prohibits funds appropriated by this Act from being:

• (1) used to influence congressional action on legislation or appropriation pending before Congress, or
• (2) transferred to any federal department, agency, or instrumentality, except pursuant to an appropriation act

Section 503

Requires the head of any executive branch department, agency, board, commission, or office (entity) funded under this Act to:

• (1) report annually to its Inspector General or senior ethics official the costs and contracting procedures related to each conference held by the entity during FY2014 for which the cost to the federal government exceeded $100,000, and
• (2) notify such officials, within 15 days, of the date, location, and number of employees attending a conference funded by this Act during FY2014 whose cost to the federal government exceeds $20,000

Prohibits the use of funds made available in this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012.