[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4553 Reported in House (RH)]
<DOC>
Union Calendar No. 173
119th CONGRESS
1st Session
H. R. 4553
[Report No. 119-213]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2026, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2025
Mr. Fleischmann, 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, 2026, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for energy and water development and related agencies for
the fiscal year ending September 30, 2026, and for other purposes,
namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $200,000,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,555,000,000, to remain available until expended; of which
$84,883,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 25 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $490,000,000, to remain
available until expended, of which $6,705,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
(including transfer of funds)
For expenses necessary 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 harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $6,140,000,000, to remain available until
expended, of which $3,381,412,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors, of which $40,000,000, shall be for the design and
construction to replace Federal dredges, in addition to amounts
otherwise made available for such purposes in the revolving fund
established by the first section of the Act of July 27, 1953 (33 U.S.C.
576); of which such sums as may be necessary shall be derived from
amounts collected in this or prior fiscal years under section 210 of
the Flood Control Act of 1968 (16 U.S.C. 460d-3) and are not otherwise
appropriated shall be for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; of
which such sums as become available from fees collected under section
217 of Public Law 104-303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $62,000,000, to be derived
from the general fund of the Treasury, shall be to carry out subsection
(c) of section 2106 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2238c) and shall be designated as being for such
purpose pursuant to paragraph (2) of section 14003 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136): Provided, That 1 percent of the total amount of funds provided
for each of the programs, projects, or activities funded under this
heading shall not be allocated to a field operating activity prior to
the beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities: Provided further,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $221,000,000, to remain
available until September 30, 2027.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$40,000,000, to remain available until expended.
expenses
(including transfer of funds)
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support 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 allocable to the civil works
program, $226,000,000, to remain available until September 30, 2027, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year; of
which $10,000,000, shall be for the design and construction to replace
Federal dredges, in addition to amounts otherwise made available for
such purposes, and shall be transferred to and merged with funds
available for such purposes in the revolving fund established by the
first section of the Act of July 27, 1953 (33 U.S.C. 576): Provided,
That no part of any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of the Chief
of Engineers or the civil works executive direction and management
activities of the division offices: Provided further, That any Flood
Control and Coastal Emergencies appropriation may 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.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 7016(b)(3), $6,000,000, to remain
available until September 30, 2027: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the report accompanying this Act, to
specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and guaranteed
loan programs, notwithstanding section 5033 of the Water Infrastructure
Finance and Innovation Act of 2014, $5,000,000, to remain available
until September 30, 2027.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2026, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the report accompanying this Act, including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $8,733,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. As of the date of enactment of this Act and each fiscal
year thereafter, the Secretary of the Army shall not promulgate or
enforce any regulation that prohibits an individual from possessing a
firearm, including an assembled or functional firearm, at a water
resources development project covered under section 327.0 of title 36,
Code of Federal Regulations (as in effect on the date of enactment of
this Act) if:
(1) the individual is not otherwise prohibited by law from
possessing a firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
Sec. 109. None of the funds made available by this Act may be used
to implement or enforce section 370 of Public Law 116-283 with respect
to civil works projects.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $4,000,000 shall be deposited into the Utah Reclamation
Mitigation and Cons