S. 3293 — Energy and Water Development and Related Agencies Appropriations Act, 2026

This section prohibits reprogramming of funds provided in title I of this Act, or prior appropriations available for obligation in FY2026, 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 denied or restricted program, project, or activity; (4) redirects funds from a specified activity; or (5) augments or reduces programs beyond thresholds in paragraphs (6)–(11). Those thresholds permit: (6) for investigations, 25% of base up to $150,000 per project (base over $100,000), $25,000 (base under $100,000), or $25,000 into continuing studies without appropriation; (7) for planning, engineering, and design, 15% of base up to $3 million per project (base over $2 million), $300,000 (base under $2 million), or $300,000 into continuing studies without appropriation; (8) for construction, 15% of base up to $3 million per project (base over $2 million), $300,000 (base under $2 million), up to $3 million for settled claims or judgments, or $300,000 into continuing studies without appropriation; (9) for operation and maintenance, unlimited for emergencies (with prior notice) or 15% of base up to $5 million per project (base over $1 million), $150,000 (base under $1 million), or $150,000 into continuing studies without appropriation; (10) the same thresholds for Mississippi River and Tributaries investigations, construction, and operation and maintenance; and (11) up to 15% of base for Formerly Utilized Sites Remedial Action Program (FUSRAP) receiving projects. This section further (1) exempts reprogrammings under $50,000 from submission to the Committees on Appropriations; (2) excludes continuing authorities program projects from subsection (a)(1); and (3) directs the Secretary to submit a baseline report within 60 days of enactment detailing FY2026 reprogramming levels by object class, program, project, and activity.

This section prohibits the use of funds appropriated in this title to award or modify any contract committing funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except for funds made available through reprogramming under section 101 and excluding projects with awarded integrated design and construction contracts (IDaC) as of enactment. The section further directs the Army Corps of Engineers to (1) modify existing IDaC contracts within 60 days of enactment to incorporate continuing contract authority under 33 U.S.C. 621 (i.e., authority to prosecute public works on canals, rivers, and harbors via direct appropriations, continuing contracts, or both) and specified Defense Federal Acquisition Regulation Supplement (DFARS) provisions; (2) notify the relevant congressional Committee upon execution of each modification and commencement of related work; and (3) fully obligate any funds previously designated in the Infrastructure Investment and Jobs Act (IIJA) or prior appropriations bills, plus associated supervision and administration costs, as part of such modifications. (Thus, amounts repurposed under this section retain treatment as specified in section 103(b) of division A of P.L. 118-5.)

This section authorizes the Secretary of the Army to transfer up to $8,733,000 of funds provided in this title under the heading “Operation and Maintenance” to the Fish and Wildlife Service, which may accept and expend the funds to mitigate fisheries losses due to Corps of Engineers projects.

This section prohibits the use of funds appropriated by this Act for open lake placement of dredged material from Lake Erie or its tributaries—after evaluating the least costly, environmentally acceptable disposal or management option—unless approved under a state water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341). Until such certification is obtained, it requires the Corps of Engineers to continue upland placement of such material consistent with section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).

This section prohibits the use of funds appropriated by this Act or any other Act to reorganize or transfer the Civil Works functions or authority of the U.S. Army Corps of Engineers or the Secretary of the Army to any other department or agency. (Civil Works programs manage federal water resources projects, including flood risk management, commercial navigation, and aquatic ecosystem restoration.)

This section directs the Secretary of the Army to make advance payments to non-Federal sponsors, using appropriations provided prior to enactment, for completing construction of flood risk management projects that (1) are under construction on the date of enactment, (2) are identified in the January 8, 2019, implementation guidance for the Civil Works Public-Private Partnership Pilot Program, and (3) have a prior Project Partnership Agreement (as amended) specifying Federal Work, Non-Federal Work, and a Federal Participation Amount exceeding $700 million. (Thus, such payments—made after sponsor consultation, Project Partnership Agreement amendment, and retention of Corps responsibilities—are credited toward the Federal Participation Amount.)

This section restricts reprogramming of FY2026 funds (and prior-year carryover funds) appropriated under the Bureau of Reclamation—Water and Related Resources account by prohibiting (1) creation or initiation of new programs, projects, or activities (PPAs); (2) elimination of PPAs; (3) increases for PPAs denied or restricted by the Act; (4) restarts of PPAs not funded by the Act; and (5) transfers exceeding 15% of available funds for any PPA with $2 million or more at fiscal year start, $400,000 for any PPA with less than $2 million, $500,000 between Facilities Operation, Maintenance, and Rehabilitation and Resources Management and Development categories, or $5 million for Bureau legal obligations (e.g., contractor claims). Subsection (b) exempts transfers within the Facilities Operation, Maintenance, and Rehabilitation category from the percentage and dollar limits. The section further requires expenditures as specified in the committee recommendation table accompanying the Act and quarterly reprogramming reports to the Appropriations Committees (first due 60 days after enactment).

This section (1) prohibits the use of funds appropriated by this Act to determine the final point of discharge for the San Luis Unit interceptor drain until the Secretary of the Interior and the State of California develop a plan, conforming to California water quality standards approved by the EPA, to minimize detrimental effects of the drainage waters; and (2) classifies costs of the Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program as reimbursable or nonreimbursable under the "Cleanup Program—Alternative Repayment Plan" and "SJVDP—Alternative Repayment Plan" in the Department of the Interior's February 1995 Repayment Report, requiring collection until fully repaid, with all future U.S. obligations for San Luis Unit drainage service or studies fully reimbursable by beneficiaries pursuant to federal reclamation law.

This section amends the Northwestern New Mexico Rural Water Projects Act—which authorizes Bureau of Reclamation construction of the Navajo-Gallup Water Supply Project and related rural water systems serving the Navajo Nation and other users in northwestern New Mexico—as follows: (1) increases the total authorization of appropriations to $1,815 million (from $1,640 million) and extends availability through 2026 (from 2024); and (2) limits nonfederal contributions to not exceed $76 million (from at least 25 percent through 35 percent).

This section requires, notwithstanding 43 U.S.C. 392a, that all monies received by the United States for repayment or reimbursement of costs for projects—including power—financed in whole or in part from the Aging Infrastructure Account (created by section 9603b(d) of P.L. 111-11, the Omnibus Public Land Management Act of 2009) be deposited into that account. (As background, 43 U.S.C. 392a generally directs such receipts from Bureau of Reclamation irrigation projects to the Reclamation Fund, with net power revenues transferred to the General Treasury after allocated power costs are repaid.)

This section amends the appropriation authorizations under section 10 of P.L. 89-108 (title II of the Food for Peace Act) by (1) authorizing an additional $50 million to carry out section 7(a) (i.e., Commodity Credit Corporation minimum tonnage requirements for emergency and development food aid commodities); and (2) applying the inflation indexing of subsection (e) to that $50 million for costs incurred after the date of enactment.

This section extends the authorization of appropriations for the Fort Peck Reservation Rural Water System—providing safe drinking water to the Fort Peck Indian Reservation in Montana and surrounding rural areas—through 2028 (from 2026) in each of subsections (a)(1) and (b).

This section prohibits the use of funds appropriated by this Act for preconstruction or construction activities on any Bureau of Reclamation project recommended by the Secretary of the Interior after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 (division C of P.L. 116-94), and prior to enactment of this Act, if transmitted to congressional committees pursuant to sec. 4007 of the Water Infrastructure Improvements for the Nation (WIIN) Act (P.L. 114-322) and not named in this Act, P.L. 116-260, or P.L. 117-43. (Sec. 4007 of the WIIN Act requires the Secretary to identify and prioritize Bureau of Reclamation projects for potential federal investment in water storage, groundwater recharge, and related infrastructure.)

This section prohibits the Department of Energy from using funds appropriated by this title to initiate or resume any unfunded program, project, or activity or to prepare requests for proposals or similar arrangements for such purposes (subsection (a)). This section requires the Secretary of Energy to notify the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance of specified actions exceeding $1 million (or $25 million for direct nonoperational funding to national laboratories), including grant awards, contract awards, Other Transaction Agreements, restricted competitions for national laboratories, deobligations, cancellations, letters of intent, or public announcements (subsection (b)(1)); requires quarterly reports on grant awards under $1 million (subsection (b)(2)); and requires 30 full business days' advance notice for creating new programs, suspending or eliminating programs, or reorganizing programs or offices (subsection (b)(4)). This section limits multiyear contracts, grants, or cooperative agreements funded under the "Energy Programs" heading to those fully funded for the period of performance or conditioned on future appropriations with 3 days' advance notice to the committees (subsection (c)). This section directs funds to be expended as specified in the Committee Recommendation column of the Department of Energy table (subsection (d)); permits reprogramming with 30 days' prior approval from the committees for changes exceeding $5 million or 10% (whichever is less) to any program, project, or activity funding level (subsection (e)); and prohibits reprogrammings that create, initiate, or eliminate programs; increase funding or personnel for denied or restricted programs; or reduce directed funding (subsection (f)). This section authorizes the Secretary to waive any requirement or restriction if necessary to address substantial risks to human health, the environment, welfare, or national security, with notice to the committees within 3 days (subsection (g)), and makes unexpended balances of prior appropriations available to the same accounts established by this title (subsection (h)).

This section deems funds appropriated by this or any other Act, or made available by transfer in this Act, for intelligence activities as specifically authorized by Congress for purposes of 50 U.S.C. 3094 during FY2026 until enactment of the Intelligence Authorization Act for FY2026. (Thus, it authorizes obligation and expenditure of such funds for intelligence or intelligence-related activities notwithstanding the prerequisites in 50 U.S.C. 3094(a).)

This section requires the programs, projects, activities, and dollar amounts specified in the classified annex accompanying this Act to be carried out as provided therein, to the same extent as the tables incorporated under section 301(d).

This section permanently rescinds $39 million of unobligated balances from prior-year appropriations to the Department of Energy for Atomic Energy Defense Activities—National Nuclear Security Administration—Defense Nuclear Nonproliferation, excluding amounts previously designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

This section prohibits the use of funds provided in this title for constructing high-hazard nuclear facilities under 10 CFR part 830 unless the Office of Enterprise Assessments conducts independent oversight to ensure compliance with nuclear safety requirements.

This section prohibits the Department of Energy from using funds provided in this title to approve Critical Decision-2 (CD-2, i.e., performance baseline approval) or Critical Decision-3 (CD-3, i.e., construction start approval) under DOE Order 413.3B (or successor guidance) for construction projects exceeding $100 million in total cost until a separate independent cost estimate is developed for the project. (As background, DOE Order 413.3B establishes the management framework for major capital asset projects.)

This section prohibits the use of funds provided in this title for grant allocation awards, discretionary grant awards, research and demonstration grants, or cooperative agreements exceeding $100 million in federal funding unless carried out through internal independent project management procedures.

This section prohibits the direct transfer of funds from the Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration, to the general fund of the Treasury in the current fiscal year.

This section repurposes or transfers to the Department of Energy—Energy Programs—Nuclear Energy account, in addition to amounts otherwise available, (1) $900 million from unobligated balances previously appropriated under that heading and (2) $1.5 billion from unobligated balances previously appropriated to the Carbon Dioxide Transportation Infrastructure Finance and Innovation (CIFIA) Program account. The funds support (A) two awards for demonstration projects made prior to enactment under the Advanced Reactor Demonstration Program (ARDP), authorized by section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a); (B) two competitive awards for commercial utility deployment projects under ARDP, as referenced in section 311(1)(A) of division D of the Consolidated Appropriations Act, 2024 (P.L. 118-42); (C) Risk Reduction for Future Generations under ARDP; and (D) the Advanced Nuclear Fuel Availability Program. (As background, ARDP demonstrates advanced nuclear reactors—i.e., those using diverse coolants, fuels, and neutron spectra—for commercial power generation competitive with other technologies, industrial heat, off-grid supply, or backup power.)

This section establishes, notwithstanding the Nuclear Waste Policy Act of 1982 (NWPA), a program authorizing the Secretary of Energy to license, construct, and operate one or more federal consolidated interim storage facilities for spent nuclear fuel (SNF) and high-level radioactive waste (HLW) using a consent-based siting process, with priority for SNF stored at sites without an operating nuclear reactor. (As background: NWPA requires DOE to take title to, transport, and dispose of commercial SNF and HLW at a geologic repository, with utilities funding the Nuclear Waste Fund (NWF) via a 1.0 mil per kilowatt-hour fee; DOE has accepted no SNF to date, leaving it stored at reactor sites.) The section requires the Secretary to (1) issue requests for proposals to obtain Nuclear Regulatory Commission (NRC) licenses for facility construction and to demonstrate safe transportation and storage pending a permanent repository; (2) secure consent-based hosting agreements with the state governor, affected local governments and Indian tribes, and other entities prior to siting; (3) comply with all NRC licensing requirements and other applicable laws; (4) submit to Congress a program plan with cost and schedule estimates, proposed host incentives, projected reductions in U.S. damages from disposal delays, legislative recommendations, and a mechanism to transfer waste to geologic disposal; (5) conduct public hearings near potential sites and elsewhere in the host state; and (6) fund the program from the NWF, subject to appropriations.

This section permits the reprogramming, without restrictions under section 301 of this title, of funds appropriated under the headings “Energy Efficiency and Renewable Energy,” “Electricity,” “Fossil Energy,” “Cybersecurity, Energy Security, and Emergency Response,” “Manufacturing and Energy Supply Chains,” and “Science” for Small Business Innovation Research (SBIR), Small Business Technology Transfer (STTR), or Technology Commercialization Fund activities. Such reprogramming must occur within each account, with award administration and selection coordinated with offices overseeing the original appropriations accounts.

This section expands small business subcontracting plan requirements—under which prime contractors must maximize subcontracting opportunities to small business concerns—to site support prime contractors at the National Energy Technology Laboratory, in addition to the Department of Energy.

This section modifies the maximum annual compensation limit for members of the Pacific Northwest Electric Power and Conservation Planning Council to provide for adjustments for inflation. (The Council, with two members appointed by each of the governors of Idaho, Montana, Oregon, and Washington, develops a regional conservation and electric power plan and a fish and wildlife program to further the purposes of the Pacific Northwest Electric Power Planning and Conservation Act.)

This section transfers $75 million of unobligated balances from amounts previously appropriated to the Department of Energy—Energy Programs—Office of Clean Energy Demonstrations in division J of the Infrastructure Investment and Jobs Act (P.L. 117-58) for implementation of section 813 of the Energy Policy Act of 2005 (i.e., loan guarantees for tribal energy projects) to the Department of Energy—Energy Programs—Grid Deployment account. The transferred amounts are available, notwithstanding other requirements and regardless of original project purpose, for a program to enhance the domestic supply chain for distribution and power transformers, components, materials, and other electric grid components through financial assistance, technical assistance, and competitive procurement awards.

This section requires the Department of Energy, in making federal financial assistance, to continue applying indirect cost rates to the same extent and in the same manner as in FY2024. It further prohibits the use of any appropriated or otherwise available funds to develop, modify, or implement changes to such negotiated indirect cost rates.

This section requires the Department of Energy (DOE), prior to terminating any discretionary award (i.e., grants or cooperative agreements under 2 CFR 200.1) solely under 2 CFR 200.340(a)(4) and funded by this Act, prior Energy and Water Development appropriations (excluding emergencies), or title III of the Infrastructure Investment and Jobs Act, to (1) provide written notice to the House and Senate Appropriations Committees and the recipient at least 120 days before the effective termination date, including at least 90 days for the recipient to restructure or re-scope the award while continuing disbursements for valid obligations; (2) prioritize eligible applications from that recipient for the next relevant funding opportunity if termination occurs; and (3) comply with all 2 CFR 200.341 termination requirements. The requirements do not apply to awards announced or made after November 1, 2024, or to non-discretionary awards. Amounts repurposed under this section retain treatment under section 103(b) of division A of Public Law 118-5.

This section directs the Nuclear Regulatory Commission to comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to congressional requests for information, consistent with Department of Justice guidance for all federal agencies.

This section authorizes reprogramming of funds appropriated by this title to the Nuclear Regulatory Commission (NRC) for any program, project, or activity, subject to notification to the Appropriations Committees of both Houses of Congress at least 30 days prior to any change exceeding $500,000 or 10% (whichever is less) in a program funding level. It further (1) permits NRC to waive the notification if compliance poses substantial risk to human health, environment, welfare, or national security, with notice and detailed report to the Committees within three days; (2) directs that Salaries and Expenses funds be expended as specified in the accompanying report, subject to exceptions; (3) prohibits reprogramming to increase funds or personnel for any program, project, or activity denied or restricted by this Act; and (4) requires monthly reports to the Committees on total budget authority, unobligated balances, and unliquidated obligations for each program, project, or activity, including prior-year appropriations.

This section prohibits the use of funds appropriated by this Act, 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 permitted by 18 U.S.C. 1913 (the general anti-lobbying statute).

This section restricts transfers involving funds made available in title III of this Act. Specifically, (1) it prohibits transfers of such funds to any other U.S. government department, agency, or instrumentality except pursuant to transfer authority in this Act, other appropriations Acts, the accompanying report, or for reimbursable goods or services; (2) it prohibits transfers of funds to title III accounts except pursuant to the same authorities; and (3) it requires semiannual reports from relevant agency heads to the Appropriations Committees detailing transfers used in the prior six months and year-to-date, including amounts and purposes (excluding reimbursable authorities and without replacing existing notifications).

This section prohibits using funds appropriated by this Act to maintain or establish a computer network unless the network blocks the viewing, downloading, and exchanging of pornography. It exempts federal, state, tribal, and local law enforcement agencies, as well as other entities carrying out criminal investigations, prosecutions, or adjudications.

This section requires the Nuclear Regulatory Commission, Federal Energy Regulatory Commission, regional commissions, and other independent agencies specified in this Act to provide two days' notice to the Committees on Appropriations of both Houses of Congress prior to the termination of any commissioner or agency head.