H.R.2028 -Further Continuing and Security Assistance Appropriations Act, 2017

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Week ending December 9, 2016

H.R.2028 – Further Continuing and Security Assistance Appropriations Act, 2017t, 2017


This bill is the vehicle for the Continuing Resolution to fund the Government until April  , 2017. The CR is called ‘The Further Continuing and Security Assistance Appropriations Act of 2017.

Actual CR spending amounts can be read here…

Water Resources content of the bill follows below…


Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.

Provides appropriations to the Corps of Engineers for:



Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;

Operation and Maintenance;

the Regulatory Program pertaining to navigable waters and wetlands;

the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;

Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;

Expenses necessary for the supervision and general administration of the civil works program; and

the Office of the Assistant Secretary of the Army for Civil Works.


(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a 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 bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) reprogram funds for specific projects, programs, or activities by more than specified amounts.

Specifies exceptions and requires the Corps of Engineers to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for the current fiscal year.

Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming.

(Sec. 102) Permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $5.4 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers civil works projects.

(Sec. 103) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of “fill material” or “discharge of fill material” for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

(Sec. 104) Prohibits funds provided by this bill from being used for open lake disposal of dredged sediment in Lake Erie unless the disposal meets the water and environmental standards of a state’s water permitting agency and is consistent with a state’s Coastal Zone Management Plan. Requires the Corps of Engineers to maintain its funding obligations for upland placement of dredged material with cost sharing if the standard is not met.

(Sec. 105) Prohibits funds provided by this title from being used for the acquisition of certain welded shipboard anchor and mooring chains unless they are manufactured in the United States.

(Sec. 106) Requires specified Operation and Maintenance funds to be used for Upper Missouri River Basin flood and drought monitoring.

(Sec. 107) Amends the Water Resources Development Act of 2007 to require the Corps of Engineers to take regional impacts and effects into account when conducting a study of harbor and navigation improvements and recommending projects.



Provides appropriations to the Department of the Interior for the Central Utah Project.

Provides appropriations to the Bureau of Reclamation for:

Water and Related Resources,

the Central Valley Project Restoration Fund,

California Bay-Delta Restoration, and

Policy and Administration.


Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.

(Sec. 201) Prohibits funds provided in this title for Water and Related Resources from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress; or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress.

Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed.

(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.

Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid 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 the service or studies.

(Sec. 203) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2019.

(Sec. 204) Amends the Secure Water Act of 2009 to increase the authorization of appropriations for grants and cooperative agreements for water management improvement and to require a portion of the funds to be used for pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs

(Sec. 205) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2016 to extend the deadline for the completion of a feasibility study relating to the Sites Reservoir in Colusa County, California.

(Sec. 206) Permits Interior to: (1) enter into an agreement with the National Academy of Sciences for a study of the effectiveness and environmental impact of salt cedar control efforts in increasing water supplies, restoring riparian habitat, and improving flood management; and (2) prepare a plan for the removal of salt cedar from all federal land in the Lower Colorado River basin based on the study.



Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:

Energy Efficiency and Renewable Energy,

Electricity Delivery and Energy Reliability,

Nuclear Energy,

Fossil Energy Research and Development,

Naval Petroleum and Oil Shale Reserves,

the Strategic Petroleum Reserve (SPR),

the Northeast Home Heating Oil Reserve,

the Energy Information Administration,

Non-Defense Environmental Cleanup,

the Uranium Enrichment Decontamination and Decommissioning Fund,


the Advanced Research Projects Agency-Energy,

the Office of Indian Energy,

the Tribal Energy Loan Guarantee Program,

the Title 17 Innovative Technology Loan Guarantee Loan Program,

the Advanced Technology Vehicles Manufacturing Loan Program,

Departmental Administration, and

the Office of the Inspector General.


Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including for:

Weapons Activities,

Defense Nuclear Nonproliferation,

Naval Reactors, and

Federal Salaries and Expenses.


Provides appropriations for Environmental and Other Defense Activities, including:

Defense Environmental Cleanup,

Defense Uranium Enrichment Decontamination and Decommissioning, and

Other Defense Activities.


Provides appropriations for the Power Marketing Administrations, including:

the Bonneville Power Administration Fund;

Southeastern Power Administration Operation and Maintenance;

Southwestern Power Administration Operation and Maintenance;

Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and

the Falcon and Amistad Operating and Maintenance Fund.


Provides appropriations for the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress.

Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance.

Prohibits funds from being used for certain multiyear Department of Energy–Energy Programs activities unless specified conditions are met and Congress is notified.

Establishes requirements and restrictions for the reprogramming of funds provided in this title.

Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill.

(Sec. 302) Rescinds specified unobligated balances from various DOE accounts.

(Sec. 303) Deems funds appropriated by this bill for intelligence activities to be specifically authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 304) Prohibits funds provided by this tile from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements.

(Sec. 305) Prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed.

(Sec. 306) Authorizes DOE to conduct a pilot program with private sector partners to license, construct, and operate one or more storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste. Permits the Nuclear Waste Fund to be used for this purpose, subject to appropriations.

(Sec. 307) Requires the Western Area Power Administration to report to Congress on the uses of certain termination clauses in power contracts.



Provides appropriations for independent agencies, including:


the Appalachian Regional Commission,

the Defense Nuclear Facilities Safety Board,

the Delta Regional Authority,

the Denali Commission,

the Northern Border Regional Commission,

the Nuclear Regulatory Commission (NRC), and

the Nuclear Waste Technical Review Board.

(Sec. 401) Permits the NRC to reprogram funds provided by this title if Congress is notified in advance regarding any proposed reprogramming that would change any program funding level by more than $500,000 or 10 percent, whichever is less. Permits the NRC to waive the notification requirement if compliance would pose a substantial risk to human health, the environment, welfare, or national security.

Prohibits NRC funds from being used for a reprogramming that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this bill.

Requires the NRC to submit a monthly report to Congress that includes total budget authority, unobligated balances, and unliquidated obligations for each program, project, or activity.



(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government.

Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred.

(Full text of H.R. 2028 at congress.gov)

Sponsor:  Rep. Simpson, Michael K. [R-ID-2] (Introduced 04/24/2015)

Status: Passed House / Passed Senate /



On Passage: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Yeas and Nays: (Roll no. 620)

House Amendments:

Motion to recommit:

Text of the motion:


On Passage: The Motion to Concur was agreed to by a vote of 63 – 36.

Procedural Actions:

Senate Amendments:


Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.


More Bill Information:

CR spending by agency and program.

Military Construction, VA and Related Agencies – $82,9 billion

Agriculture – $22.2 billion

Commerce Justice and State – $37.3 billion

Financial Services – $22.8 billion

Homeland Security – $41 billion

Interior – $32.3 billion

Labor, HHS, Education – $161.7 billion

Legislative Branch – $4.4 billion

State and Foreign Operations – $33.8 billion

Transportation / HUD – $118.9 billion.

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