[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3293 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3293
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2026, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2025
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
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 specification 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, $97,452,000, 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.
planning, engineering, and design
For expenses necessary for conducting surveys and detailed studies,
and plans and specifications, prior to construction of river and
harbor, flood and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related projects authorized by law
(including those involving participation by States, local governments,
or private groups) 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), $151,331,000, 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 and
completing 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); $2,481,772,000, to remain available until expended; of
which $203,383,000, 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:
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, $468,213,000, to remain
available until expended, of which $9,768,000, 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
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, $5,990,160,000, to remain available until
expended, of which $3,259,849,000, 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 $417,642,000, shall be for donor and
energy ports as specified in section 102 of the Water Resources
Development Act of 2020; 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 Harbor Maintenance Trust Fund funding provided
for Donor and Energy Ports shall be allocated solely in accordance with
section 2106 of the Water Resources Reform and Development Act of 2014:
Provided further, 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, $225,000,000, to remain
available until September 30, 2027.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $100,000,000, to remain available until
expended.
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
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, $220,000,000, 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:
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), $7,000,000, 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 the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until expended, for safety
projects to maintain, upgrade, and repair dams identified in the
National Inventory of Dams with a primary owner type of State, local
government, public utility, or private: Provided, That any activity
that results in a decrease in the hazard or a decrease in the potential
consequences of poor performance of a dam structure listed on the
National Inventory of Dams with a primary owner type of State, local
government, public utility, or private shall be considered a safety
project eligible for funds provided under this heading for that purpose
by this or any prior Act: Provided further, That any safety project
for a dam identified in the National Inventory of Dams with a primary
owner type of State, local government, public utility, or private shall
be eligible under section 5026(1)(A) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121) (33 U.S.C. 3905(1)(A)) for
funds provided under this heading for that purpose by this or any prior
Act: Provided further, That no project may be funded with amounts
provided under this heading in this or any prior Act for a dam that is
identified as jointly owned in the National Inventory of Dams and where
one of those joint owners is the Federal Government: Provided further,
That not later than 90 days following the end of any submittal period
occurring before or after the date of enactment of this Act of a
solicitation of preliminary applications from prospective borrowers
seeking credit assistance of funds made available under this heading by
this or any prior Act, the Secretary shall provide to each applicant a
written notice to inform the applicant whether the applicant will be
invited to apply for credit assistance: Provided further, That amounts
made available under this heading in this Act shall also be available
for projects to construct, maintain, upgrade, and repair levees and
ancillary features with a primary owner type of State, municipal,
county, private, or other non-Federal entity: Provided further, That
subsection 386.2(v) of title 33 of the Code of Federal Regulations is
hereby amended to add the following new paragraph (2) and to renumber
subsequent paragraphs accordingly: ``(2) Any project to construct,
maintain, upgrade, or repair levees and ancillary features with a
primary owner type of State, municipal, county, private, or other non-
Federal entity; and which meets the statutory requirements of title I,
division D of the Consolidated Appropriations Act, 2024 and the
criteria outlined in 85 FR 39189 (see division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94)).'':
Provided further, That no project may be funded with amounts provided
under this heading for a levee unless the Secretary has certified in
advance, in writing, that the levee is not owned, in whole or in part,
by the Federal Government: Provided further, That the Secretary of the
Army shall make available all funds provided under this heading by this
or any prior Act through a Notice of Funding Availability no later than
90 days after the date enactment of this Act: Provided further, That
the Secretary of the Army shall issue invitations to submit
applications no later than 180 days after the date enactment of this
Act: Provided further, That no further rulemaking to make funds
provided under this heading by this or any prior Act shall be
necessary: Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which is to be
guaranteed, not to exceed $500,000,000: Provided further, That the use
of direct loans or loan guarantee authority under this heading for
direct loans or commitments to guarantee loans for any project,
including any project that is made eligible for funds pursuant to the
second proviso under this heading, shall be in accordance with the
criteria published in the Federal Register on June 30, 2020 (85 FR
39189) pursuant to the fourth proviso under the heading ``Water
Infrastructure Finance and Innovation Program Account'' in division D
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided further, That none of the direct loans or loan guarantee
authority made available under this heading shall be available for any
project unless the Secretary and the Director of the Office of
Management and Budget have certified in advance in writing that the
direct loan or loan guarantee, as applicable, and the project comply
with the criteria referenced in the previous proviso: Provided
further, That any references to the Environmental Protection Agency
(EPA) or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps of
Engineers or the Secretary of the Army, respectively, for purposes of
the direct loans or loan guarantee authority made available under this
heading: Provided further, That for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Secretary pursuant to a Notice of
Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
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.
In addition, 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.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfers 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;
(4) proposes to use funds directed for a specific activity
for a different purpose;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (11);
(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) Planning, engineering, and design.--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 $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) Construction.-