This division may be cited as the “Energy and Water Development and Related Agencies Appropriations Act, 2026”.
Division B — Energy and Water Development and Related Agencies Appropriations Act, 2026
DIVISION B Energy and Water Development and Related Agencies Appropriations Act, 2026
TITLE I Corps of Engineers—civil
Department of the Army
General Provisions—corps of Engineers—civil
Sec. 101.
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:
creates or initiates a new program, project, or activity;
eliminates a program, project, or activity;
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;
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;
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;
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;
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;
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;
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
Formerly utilized sites remedial action program.— Reprogramming of up to 15 percent of the base of the receiving project is permitted.
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.
Continuing Authorities Program.— Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.
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:
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;
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
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 explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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.
Subsection (a) shall not apply to projects with awarded integrated design and construction contracts (IDaC) as of the date of enactment of this Act: Provided, That the Corps shall modify the existing IDaC contracts for such projects to incorporate the authority provided in 33 U.S.C. 621 and DFARS 252.232–7007 pursuant to DFARS 232.703–1(1)(ii)(B) within 60 days of the date of enactment of this Act: Provided further, That the Corps shall notify the Committees on Appropriations of both Houses of Congress upon execution of such modifications for each project and upon commencement of work addressed in such modification: Provided further, That the Corps shall fully obligate any funds previously designated in Public Law 117–58 or prior appropriations bill as part of the modification, and as required supervision and administration associated with that modification: Provided further, That amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5.
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.
Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers.
Sec. 107.
Subject to consultation with the non-Federal sponsor and retaining sufficient amounts for the Corps of Engineers to carry out any of its responsibilities relating to the project and using appropriations made available to the project prior to the enactment of this Act, the Secretary of the Army shall make advance payments to the non-Federal sponsors for their use in completing construction of any project for flood risk management identified in implementation guidance for the Civil Works Public-Private Partnership Pilot Program issued by the Director of Civil Works on January 8, 2019 and that is under construction on the date of enactment of this Act and for which a prior executed Project Partnership Agreement, as amended, specifically identifies Federal Work, Non-Federal Work, and a Federal Participation Amount in excess of $700,000,000: Provided, That amounts described in the matter preceding this proviso shall be credited by the Secretary toward the Federal Participation Amount: Provided further, That prior to making any payments authorized in the matter preceding the first proviso, the Secretary and the non-Federal sponsors shall amend the Project Partnership Agreement executed for the project in order to implement any such payments and credits.
Sec. 108.
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. 109.
Section 225(c)(2)(A)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2328(c)(2)(A)(ii)) is amended by striking “ at recreation site at which the fee is collected” and inserting “ at any recreation site or facility that is located at the civil works project at which the fee is collected”.
TITLE II Department of the Interior
Central Utah Project
Bureau of Reclamation
The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation:
General Provisions—department of the Interior
TITLE III Department of Energy
Energy Programs
Atomic Energy Defense Activities
Environmental and Other Defense Activities
Power Marketing Administrations
General Provisions—department of Energy
TITLE IV Independent Agencies
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
Delta Regional Authority
Denali Commission
For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $18,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 90 percent of total project cost for distressed communities, as defined by such section and by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and for Indian Tribes, as defined by section 5304(e) of title 25, United States Code, and in an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non-Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $42,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code.
Northwest Regional Commission
For expenses necessary to establish a Northwest Regional Commission located in Washington, Oregon, Idaho, and Montana, $1,000,000, to remain available until expended: Provided, That amounts provided to the Northwest Regional Commission shall be used to carry out activities authorized for other regional Commissions by subtitle V of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $20,000,000, to remain available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,500,000, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended.
Nuclear Regulatory Commission
Nuclear Waste Technical Review Board
General Provisions—independent Agencies
TITLE V General Provisions
Sec. 501.
None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
Sec. 502.
None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
Sec. 503.
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.