[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                               July 1 (legislative day, June 30), 2005.
      Resolved, That the bill from the House of Representatives (H.R. 
2419) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 2006, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, for energy and water development and for other 
purposes, namely:

                 TITLE I--DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Chief of Engineers and the supervision of the Director of Civil 
Works for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, shore protection and 
storm damage reduction, aquatic ecosystem restoration, and related 
purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection and storm damage reduction, aquatic ecosystem restoration, 
and related projects, restudy of authorized projects, miscellaneous 
investigations, and, when authorized by law, surveys and detailed 
studies and plans and specifications of projects prior to construction, 
$180,000,000, to remain available until expended.

                         construction, general

    For expenses necessary for the construction of river and harbor, 
flood control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; for 
conducting detailed studies, and plans and specifications, of such 
projects (including those for development with participation or under 
consideration for 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); 
$2,086,664,000, to remain available until expended, of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways Trust 
Fund, to cover one-half of the costs of construction and rehabilitation 
of inland waterways projects, (including the rehabilitation costs for 
Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19, Mississippi 
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
Lock 27, Mississippi River, Illinois; and Lock and Dam 3, Mississippi 
River, Minnesota) shall be derived from the Inland Waterways Trust 
Fund: Provided, That using $15,000,000 of the funds appropriated 
herein, the Chief of Engineers is directed to continue construction of 
the Dallas Floodway Extension, Texas, project, including the Cadillac 
Heights feature, generally in accordance with the Chief of Engineers 
report dated December 7, 1999: Provided further, That the Chief of 
Engineers is directed to use $2,000,000 of the funds provided herein to 
continue construction of the Hawaii Water Management Project: Provided 
further, That the Chief of Engineers is directed to use $13,000,000 of 
the funds appropriated herein to continue construction of the 
navigation project at Kaumalapau Harbor, Hawaii: Provided further, That 
the Chief of Engineers is directed to use $4,000,000 of the funds 
provided herein for the Dam Safety and Seepage/Stability Correction 
Program to complete construction of seepage control features and 
repairs to the tainter gates at Waterbury Dam, Vermont: Provided 
further, That the Chief of Engineers is directed to use $9,500,000 of 
the funds appropriated herein to proceed with planning, engineering, 
design or construction of the Grundy, Buchanan County, and Dickenson 
County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River Project: Provided further, That the 
Chief of Engineers is directed to use $4,600,000 of the funds 
appropriated herein to continue with the planning, engineering, design 
or construction of the Lower Mingo County, Upper Mingo County, Wayne 
County, McDowell County, West Virginia, elements of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River Project: 
Provided further, That the Chief of Engineers is directed to continue 
the Dickenson County Detailed Project Report as generally defined in 
Plan 4 of the Huntington District Engineer's Draft Supplement to the 
section 202 General Plan for Flood Damage Reduction dated April 1997, 
including all Russell Fork tributary streams within the County and 
special considerations as may be appropriate to address the unique 
relocations and resettlement needs for the flood prone communities 
within the County: Provided further, That the Chief of Engineers is 
directed to proceed with work on the permanent bridge to replace Folsom 
Bridge Dam Road, Folsom, California, as authorized by the Energy and 
Water Development Appropriations Act, 2004 (Public Law 108-137), and, 
of the $12,000,000 available for the American River Watershed (Folsom 
Dam Mini-Raise), California, project, up to $7,000,000 of those funds 
be directed for the permanent bridge, with all remaining devoted to the 
Mini-Raise: Provided further, That $300,000 is provided for the Chief 
of Engineers to conduct a General Reevaluation Study on the Mount St. 
Helens project to determine if ecosystem restoration actions are 
prudent in the Cowlitz and Toutle watersheds for species that have been 
listed as being of economic importance and threatened or endangered.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $433,336,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be derived 
from the harbor maintenance trust fund: Provided, That the Chief of 
Engineers, using $25,000,000 of the funds provided herein, is directed 
to continue design and real estate activities and to initiate the pump 
supply contract for the Yazoo Basin, Yazoo Backwater Pumping Plant, 
Mississippi: Provided further, That the pump supply contract shall be 
performed by awarding continuing contracts in accordance with 33 U.S.C. 
621: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers is directed, with $10,000,000 appropriated 
herein, to continue construction of water withdrawal features of the 
Grand Prairie, Arkansas, project, of which such sums as are necessary 
to cover the Federal share of operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                   operation and maintenance, general

    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; for 
providing security for infrastructure owned and operated by, or on 
behalf of, the United States Army Corps of Engineers, including 
administrative buildings and facilities, laboratories, and the 
Washington Aqueduct; for the maintenance of harbor channels provided by 
a State, municipality, or other public agency that serve essential 
navigation needs of general commerce, where authorized by law; and for 
surveys and charting of northern and northwestern lakes and connecting 
waters, clearing and straightening channels, and removal of 
obstructions to navigation, $2,100,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of operation and maintenance costs for coastal harbors and 
channels, shall be derived from the Harbor Maintenance Trust Fund, 
pursuant to Public Law 99-662 may be derived from that fund; of which 
such sums as become available from the special account for the United 
States Army Corps of Engineers established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available under section 217 of the Water 
Resources Development Act of 1996, Public Law 104-303, shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which fees have been collected: Provided, That 
utilizing funds appropriated herein, for the Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of 
Engineers, is directed to reimburse the State of Delaware for normal 
operation and maintenance costs incurred by the State of Delaware for 
the SR1 Bridge from station 58+00 to station 293+00 between October 1, 
2005, and September 30, 2006: Provided further, That the Chief of 
Engineers is authorized to undertake, at full Federal expense, a 
detailed evaluation of the Albuquerque levees for purposes of 
determining structural integrity, impacts of vegetative growth, and 
performance under current hydrological conditions: Provided further, 
That using $275,000 provided herein, the Chief of Engineers is 
authorized to remove the sunken vessel State of Pennsylvania from the 
Christina River in Delaware.

                 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 flood and hurricane emergencies, as 
authorized by law, $43,000,000, to remain available until expended.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $150,000,000, to remain 
available until expended.

            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, $140,000,000, to remain available until 
expended.

                            general expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, 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, $165,000,000, 
to remain available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act 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.

                        administrative provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.

             general provisions, corps of engineers--civil

    Sec. 101. Beginning in fiscal year 2005 and thereafter, agreements 
proposed for execution by the Assistant Secretary of the Army for Civil 
Works or the United States Army Corps of Engineers after the date of 
the enactment of this Act pursuant to section 4 of the Rivers and 
Harbor Act of 1915, Public Law 64-291; section 11 of the River and 
Harbor Act of 1925, Public Law 68-585; the Civil Functions 
Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood 
Control, Act of 1968, as amended, Public Law 90-483; sections 104, 203, 
and 204 of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources Development Act 
of 1992, as amended, Public Law 102-580; section 211 of the Water 
Resources Development Act of 1996, Public Law 104-303; and any other 
specific project authority, shall be limited to total credits and 
reimbursements for all applicable projects not to exceed $100,000,000 
in each fiscal year.
    Sec. 102. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
    Sec. 103. St. Georges Bridge, Delaware. None of the funds made 
available in this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 
including a hearing or any other activity relating to preparation of an 
environmental impact statement concerning the closure or removal.
    Sec. 104. Within 75 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 105. Within 90 days of the date of enactment of this Act, the 
Assistant Secretary of the Army (Civil Works) shall transmit to 
Congress his report on any water resources matter on which the Chief of 
Engineers has reported.
    Sec. 106. Section 123 of Public Law 108-137 (117 Stat. 1837) is 
amended by striking ``in accordance with the Baltimore Metropolitan 
Water Resources-Gwynns Falls Watershed Feasibility Report'' and all 
that follows and inserting the following language in lieu thereof: ``in 
accordance with the Baltimore Metropolitan Water Resources Gwynns Falls 
Watershed Study-Draft Feasibility Report and Integrated Environmental 
Assessment prepared by the Corps of Engineers and the City of 
Baltimore, Maryland, dated April 2004.''.
    Sec. 107. Marmet Lock, Kanawha River, West Virginia. Section 
101(a)(31) of the Water Resources Development Act of 1996 (110 Stat. 
3666), is amended by striking ``$229,581,000'' and inserting 
``$358,000,000''.
    Sec. 108. Lower Mud River, Milton, West Virginia. The project for 
flood control at Milton, West Virginia, authorized by section 580 of 
the Water Resources Development Act of 1996 (110 Stat. 3790), as 
modified by section 340 of the Water Resources Development Act of 2000 
(114 Stat. 2612), is modified to authorize the Chief of Engineers to 
construct the project substantially in accordance with the draft report 
of the Corps of Engineers dated May 2004, at an estimated total cost of 
$45,500,000, with an estimated Federal cost of $34,125,000 and an 
estimated non-Federal cost of $11,375,000.
    Sec. 109. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available 
by this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795) 
and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 110. Section 529(b)(3) of Public Law 106-541 is amended by 
striking ``$10,000,000'' and inserting ``$20,000,000'' in lieu thereof.
    Sec. 111. Yazoo Basin, Upper Yazoo Projects, Mississippi. The Yazoo 
Basin Headwater Improvement, Mississippi, project authorized by the 
Flood Control Act of 1928 (45 Stat. 534), as amended and modified, is 
further modified to include the design and construction at full Federal 
expense of such measures as determined by the Chief of Engineers to be 
advisable for the control of bank erosion along the Yazoo River and 
including, but not limited to, the following tributaries and watersheds 
of the Yazoo River: Tallahatchie River, Coldwater River (below 
Arkabutla Dam), Bear Creek Diversion, Yalobusha River (below Grenada 
Dam), Little Tallahatchie River (below Sardis Dam), Yocona River (below 
Enid Dam), Tchula Lake, Cassidy Bayou, Bobo Bayou Area, Arkabutla 
Canal, Ascalmore-Tippo Creek, David-Burrell Bayou, McKinney Bayou, Lake 
Cormorant Area, Hurricane Bayou, Opossum Bayou, Chicopa Creek, Hillside 
Floodway, Bear Creek, Alligator-Catfish Bayou, Rocky Bayou, Whiteoak 
Bayou, Potacocowa Creek, Tillatoba Creek, Teoc Creek, Big Sand Creek, 
Chicopa Creek, and miscellaneous ditches.
    Sec. 112. Lower Mississippi River Museum and Riverfront 
Interpretive Site, Mississippi. The Water Resources Development Act of 
1992 (106 Stat. 4811) is amended by--
            (1) in section 103(c)(2) by striking ``property currently 
        held by the Resolution Trust Corporation in the vicinity of the 
        Mississippi River Bridge'' and inserting ``riverfront 
        property''; and
            (2) in section 103(c)(7)--
                    (A) by striking ``There is'' and inserting the 
                following: ``(A) In general.--There is''; and
                    (B) by striking ``$2,000,000'' and all that follows 
                and inserting the following: ``$15,000,000 to plan, 
                design, and construct generally in accordance with the 
                conceptual plan to be prepared by the Corps of 
                Engineers.
                    ``(B) Funding.--The planning, design, and 
                construction of the Lower Mississippi River Museum and 
                Riverfront Interpretive Site shall be carried out using 
                funds appropriated as part of the Mississippi River 
                Levees feature of the Mississippi River and Tributaries 
                Project, authorized by the Act of May 15, 1928 (45 
                Stat. 534, chapter 569).''.
    Sec. 113. Public Law 106-53. Section 593(h) (113 Stat. 381) is 
modified by striking ``$25,000,000'' and inserting ``$50,000,000''.
    Sec. 114. The project for navigation, Los Angeles Harbor, 
California, authorized by section 101(b)(5) of the Water Resources 
Development Act of 2000 (114 Stat. 2577) is modified to authorize the 
Chief of Engineers to carry out the project at a total cost of 
$222,000,000.
    Sec. 115. Missouri and Middle Mississippi Rivers Enhancement 
Project. (a) Section 514 of the Water Resources Development Act of 1999 
is amended by inserting after subsection (e):
    ``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
undertaken under this section, a non-Federal interest may include a 
Regional or National nonprofit entity with the consent of the affected 
local government.
    ``(g) Cost Limitation.--Not more than $5,000,000 in Federal funds 
may be allotted under this section for a project at any single 
locality.''; and
    (b) renumbering the succeeding subsections accordingly.
    Sec. 116. Section 514(f)(1) of the Water Resources Development Act 
of 1999 (Public Law 106-53) is amended by adding at the end of the 
sentence before the period ``which may be in cash, by the provision of 
lands, easements, rights-of-way, relocations or disposal areas, by in-
kind services to implement the project, or by any combination of the 
foregoing. Land needed for a project under this authority may remain in 
private ownership subject to easements satisfactory to the Secretary 
necessary to assure achievement of the project purposes''.
    Sec. 117. Section 514(g) of the Water Resources Development Act of 
1999 (Public Law 106-53) is amended by striking the words ``for the 
period of fiscal years 2000 and 2001'' and inserting in lieu thereof 
``per year, and such authority shall extend until Federal fiscal year 
2015''.
    Sec. 118. Missouri River Levee System, Unit L-15 Levee, Missouri. 
The portion of the L-15 levee system which is under the jurisdiction of 
the Consolidated North County Levee District and which is situated 
along the right descending bank of the Mississippi River from its 
confluence with the Missouri River and running upstream approximately 
14 miles shall be considered to be a Federal levee for purposes of cost 
sharing under 33 U.S.C. 701n.
    Sec. 119. Section 219(f) of the Water Resources Development Act of 
1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b) 
of the Water Resources Development Act of 1999 (Public Law 106-53) and 
section 108(d) of title I of division B of the Miscellaneous 
Appropriations Act, 2001 (as enacted by Public Law 106-554; 114 Stat. 
2763A-220), is further amended by adding at the end the following:
            ``(72) Alpine, california.--$10,000,000 is authorized for a 
        water transmission main, Alpine, CA.''.
    Sec. 120. Section 214(a) of Public Law 106-541 is amended by 
striking ``2005'' and inserting ``2006''.
    Sec. 121. Middle Rio Grande Endangered Species Collaborative 
Program, New Mexico. The Secretary of the Army may carry out projects 
that comply with the Reasonable and Prudent Alternative of the 2003 
Biological Opinion required by section 205(b) of Public Law 108-447 
(118 Stat. 2949) referring to the Biological and Conference Opinions on 
the Effects of Actions Associated with the Programmatic Biological 
Assessment of Bureau of Reclamation's Water and River Maintenance 
Operations, Army Corps of Engineers' Flood Control Operation, and 
Related Non-Federal Actions on the Middle Rio Grande, New Mexico and 
other recovery measures for the Rio Grande Silvery Minnow or the 
Southwest Willow Flycatcher, including recommendations provided by the 
Endangered Species Act Collaborative Program as established in Public 
Law 108-137 section 209(b) (117 Stat. 1850). All project undertaken 
under this subsection shall be subject to a 75 percent Federal/25 
percent non-Federal cost share. The non-Federal cost share for all 
projects carried out under this program may be provided through in-kind 
services or direct cash contributions and shall include provision of 
necessary land, easements, relocations and disposal sites. Non-Federal 
cost share shall be credited on a programmatic basis instead of on a 
project-by-project basis with reconciliation of total project costs and 
total non-Federal cost share on a 3 year incremental basis. Over 
contribution of non-Federal cost share shall be credited to subsequent 
years. In lieu of individual Project Cooperation Agreements, the 
Secretary shall enter into Memoranda of Agreement with participants in 
the Middle Rio Grande Endangered Species Collaborative Program in order 
to establish relative contribution of non-Federal cost share by each 
participant, implement projects, and streamline administrative 
procedures.
    Sec. 122. Bluestone, West Virginia. Section 547 of the Water 
Resources Development Act of 2000 (114 Stat. 2676) is amended--
            (1) in subsection (b)(1)(A) by striking ``4 years'' and 
        inserting ``5 years'';
            (2) in subsection (b)(1)(B)(iii) by striking ``if all'' and 
        all that follows through ``facility'' and inserting ``assurance 
        project'';
            (3) in subsection (b)(1)(C) by striking ``and 
        construction'' and inserting ``, construction, and operation 
        and maintenance'';
            (4) by adding at the end of subsection (b) the following:
            ``(3) Operation and ownership.--The Tri-Cities Power 
        Authority shall be the owner and operator of the hydropower 
        facilities referred to in subsection (a).'';
            (5) in subsection (c)(1)--
                    (A) by striking ``No'' and inserting ``Unless 
                otherwise provided, no'';
                    (B) by inserting ``planning,'' before ``design''; 
                and
                    (C) by striking ``prior to'' and all that follows 
                through ``subsection (d)'';
            (6) in subsection (c)(2) by striking ``design'' and 
        inserting ``planning, design,'';
            (7) in subsection (d)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) Approval.--The Secretary shall review the design and 
        construction activities for all features of the hydroelectric 
        project that pertain to and affect stability of the dam and 
        control the release of water from Bluestone Dam to ensure that 
        the quality of construction of those features meets all 
        standards established for similar facilities constructed by the 
        Secretary.'';
                    (B) by redesignating paragraph (3) as paragraph 
                (2);
                    (C) by striking the period at the end of paragraph 
                (2) (as so redesignated) and inserting ``, except that 
                hydroelectric power is no longer a project purpose of 
                the facility so long as Tri-Cities Power Authority 
                continues to exercise its responsibilities as the 
                builder, owner, and operator of the hydropower 
                facilities at Bluestone Dam. Water flow releases and 
                flood control from the hydropower facilities shall be 
                determined and directed by the Corps of Engineers.''; 
                and
                    (D) by adding at the end the following:
            ``(3) Coordination.--Construction of the hydroelectric 
        generating facilities shall be coordinated with the dam safety 
        assurance project currently in the design and construction 
        phases.'';
            (8) in subsection (e) by striking ``in accordance'' and all 
        that follows through ``58 Stat. 890)'';
            (9) in subsection (f)--
                    (A) by striking ``facility of the interconnected 
                systems of reservoirs operated by the Secretary'' each 
                place it appears and inserting ``facilities under 
                construction under such agreements''; and
                    (B) by striking ``design'' and inserting 
                ``planning, design'';
            (10) in subsection (f)(2)--
                    (A) by ``Secretary'' each place it appears and 
                inserting ``Tri-Cities Power Authority''; and
                    (B) by striking ``facilities referred to in 
                subsection (a)'' and inserting ``such facilities'';
            (11) by striking paragraph (1) of subsection (g) and 
        inserting the following:
            ``(1) to arrange for the transmission of power to the 
        market or to construct such transmission facilities as 
        necessary to market the power produced at the facilities 
        referred to in subsection (a) with funds contributed by the 
        Tri-Cities Power Authority; and'';
            (12) in subsection (g)(2) by striking ``such facilities'' 
        and all that follows through ``the Secretary'' and inserting 
        ``the generating facility''; and
            (13) by adding at the end the following:
    ``(i) Tri-Cities Power Authority Defined.--In this section, the 
`Tri-Cities Power Authority' refers to the entity established by the 
City of Hinton, West Virginia, the City of White Sulphur Springs, West 
Virginia, and the City of Philippi, West Virginia, pursuant to a 
document entitled `Second Amended and Restated Intergovernmental 
Agreement' approved by the Attorney General of West Virginia on 
February 14, 2002.''.
    Sec. 123. The portion of the project for navigation, City Waterway, 
Tacoma, Washington authorized by the first section of the Act of June 
13, 1902 (32 Stat. 347), consisting of the last 1,000 linear feet of 
the inner portion of the Waterway beginning at Station 70+00 and ending 
at Station 80+00, is not authorized.
    Sec. 124. The Chief of Engineers shall define the repairs made at 
Fern Ridge Dam as a dam safety project and costs shall be recovered in 
accordance with Section 1203 of the Water Resources Development Act of 
1986: Provided, That costs assigned to irrigation will be recovered by 
the Secretary of the Interior in accordance with Public Law 98-404.
    Sec. 125. The Chief of Engineers is directed to fully utilize the 
Federal dredging fleet in support of all Army Corps of Engineers 
missions and no restrictions shall be placed on the use or maintenance 
of any dredge in the Federal Fleet.
    Sec. 126. The Chief of Engineers is directed to maintain the 
Federal dredging fleet to technologically modern and efficient 
standards.
    Sec. 127. Lake Champlain Canal Dispersal Barrier, Vermont and New 
York. The Chief of Engineers shall determine, at full Federal expense, 
the feasibility of a dispersal barrier project at the Lake Champlain 
Canal: Provided, That if the Chief determines that the project is 
feasible, the Chief shall construct, maintain, and operate a dispersal 
barrier at the Lake Champlain Canal at full Federal expense.
    Sec. 128. Of funds made available to carry out section 1135 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2309a), the Chief of 
Engineers may use $1,500,000 for sea lamprey barrier construction in 
the Great Lakes.
    Sec. 129. $150,000 may be provided for Saco River and Camp Ellis 
Beach, Maine, continuing authorities project.
    Sec. 130. $2,000,000 may be provided for maintenance dredging of 
the Narragaugus River, Milbridge, Maine.
    Sec. 131. $100,000 may be provided for the Penobscot River 
Restoration Study, Maine.

                  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, $32,614,000, to remain available until expended, of 
which $946,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,736,000, 
to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$899,569,000, to remain available until expended, of which $63,544,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $21,998,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided 
further, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That $500,000 is provided to the Bureau 
of Reclamation to advance the Snyderville Basin Water Supply Study 
Special Report to a Feasibility Level Study and NEPA compliance for the 
purpose of providing water to Park City and the Snyderville Basin, 
Utah, as a component of the Weber Basin Project: Provided further, That 
funds advanced under 43 U.S.C. 397a shall be credited to this account 
and are available until expended for the same purposes as the sums 
appropriated under this heading: Provided further, That funds available 
for expenditure for the Departmental Irrigation Drainage Program may be 
expended by the Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That, of the funds appropriated 
under this heading, the Secretary of the Army, acting through the Chief 
of Engineers, shall use not less than $200,000 to initiate 
preconstruction engineering and design activities for modifications to 
Laupahoehoe Harbor, Hawaii.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $52,219,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                    california bay-delta restoration

                     (including transfer of funds)

    For carrying out activities authorized by the Calfed Bay Delta 
Authorization Act, consistent with plans to be approved by the 
Secretary of the Interior, $37,000,000, to remain available until 
expended, of which such amounts as may be necessary to carry out such 
activities may be transferred to appropriate accounts of other 
participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $57,917,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles, of which 11 are 
for replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 203. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 204. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, hereafter is authorized to 
enter into grants, cooperative agreements, and other agreements with 
irrigation or water districts and States to fund up to 50 percent of 
the cost of planning, designing, and constructing improvements that 
will conserve water, increase water use efficiency, or enhance water 
management through measurement or automation, at existing water supply 
projects within the States identified in the Act of June 17, 1902, as 
amended, and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
non-reimbursable basis to an entity operating affected transferred 
works or may be deemed non-reimbursable for non-transferred works: 
Provided further, That the calculation of the non-Federal contribution 
shall provide for consideration of the value of any in-kind 
contributions, but shall not include funds received from other Federal 
agencies: Provided further, That the cost of operating and maintaining 
such improvements shall be the responsibility of the non-Federal 
entity: Provided further, That this section shall not supercede any 
existing project-specific funding authority: Provided further, That the 
Secretary is also hereafter authorized to enter into grants or 
cooperative agreements with universities or non-profit research 
institutions to fund water use efficiency research.
    Sec. 205. Rio Grande Collaborative Water Operations Team. The 
Secretary of the Interior, acting through the Commissioner of the 
Bureau of Reclamation, and the Secretary of the Army, acting through 
the Army Corps of Engineers, shall jointly lead and may enter into 
agreements with other Federal, State, and non-Federal entities with 
water rights in the Rio Grande Basin to form a Collaborative Water 
Operations Team in order to cooperate on water management and riparian 
actions in order to optimize the supply of water throughout the basin 
and meet other Federal obligations. The Rio Grande Collaborative Water 
Operations Team shall undertake to develop a master plan for the Rio 
Grande River and its tributaries within the State of New Mexico that 
integrates all Federal actions and where possible considers all non-
Federal actions for water management including improvement of 
agriculture efficiency, environmental restoration and management, 
ecological improvements and management, scientific investigations, 
flood control, recreation development and similar water and land 
management efforts.
    Sec. 206. Water Desalination Act. Section 8 of Public Law 104-298 
(The Water Desalination Act of 1996) (110 Stat. 3624) as amended by 
section 210 of Public Law 108-7 (117 Stat. 146) and by section 6015 of 
Public Law 109-13 is amended by--
            (1) in paragraph (a) by striking ``2005'' and inserting in 
        lieu thereof ``2010''; and
            (2) in paragraph (b) by striking ``2005'' and inserting in 
        lieu thereof ``2010''.
    Sec. 207. Section 17(b) of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 as amended (Public Law 100-585, 102 Stat. 2973; 
Public Law 106-554, 114 Stat. 2763A-266) is amended by striking 
``within 7 years'' and all that follows through ``following the date of 
enactment of this section'' and inserting ``for each of fiscal years 
2006 through 2012''.
    Sec. 208. (a) Notwithstanding section 217(a)(3) of the Energy and 
Water Development Appropriations Act, 2004 (Public Law 108-137; 117 
Stat. 1853), and in accordance with section 804(f) of title VIII of the 
Clark County Conservation of Public Land and Natural Resources Act of 
2002 (Public Law 107-282; 116 Stat. 2016), the State of Nevada shall 
not be responsible for any of the payments described in section 804(b)-
(e) of title VIII of Public Law 107-282 associated with the conveyance 
of the Humboldt Project. The State of Nevada shall be subject to the 
reconveyance provisions contained in the last sentence of section 
804(f).
    (b)(1) Using amounts made available under section 2507 of the Farm 
and Security Rural Investment Act of 2002 (Public Law 107-171, Title 
II, Subtitle F; 116 Stat. 275), the Secretary of the Interior, acting 
through the Commissioner of Reclamation, may expend up to $1,000,000 to 
cover both the Secretary's share and the State of Nevada's share of the 
following costs provided by section 804(c)-(e) of Public Law 107-282 
incurred by the conveyance of the State of Nevada's share of the 
Humboldt Project:
            (A) administrative costs;
            (B) real estate transfer costs; and
            (C) the costs associated with complying with--
                    (i) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (ii) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
    (2) The amounts appropriated by this section shall be in addition 
to the $270,000 appropriated by section 217(a)(3) of Public Law 108-
137.
    Sec. 209. (a)(1) Using amounts made available under section 2507 of 
the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211 
note; Public Law 107-171), the Secretary shall provide not more than 
$70,000,000 to the University of Nevada--
            (A) to acquire from willing sellers land, water appurtenant 
        to the land, and related interests in the Walker River Basin, 
        Nevada; and
            (B) to establish and administer an agricultural and natural 
        resources center, the mission of which shall be to undertake 
        research, restoration, and educational activities in the Walker 
        River Basin relating to--
                    (i) innovative agricultural water conservation;
                    (ii) cooperative programs for environmental 
                restoration;
                    (iii) fish and wildlife habitat restoration; and
                    (iv) wild horse and burro research and adoption 
                marketing.
    (2) In acquiring interests under paragraph (1)(A), the University 
of Nevada shall make acquisitions that the University determines are 
the most beneficial to--
            (A) the establishment and operation of the agricultural and 
        natural resources research center authorized under paragraph 
        (1)(B); and
            (B) environmental restoration in the Walker River Basin.
    (b)(1) Using amounts made available under section 2507 of the Farm 
and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 
Law 107-171), the Secretary shall provide not more than $10,000,000 for 
a water lease and purchase program for the Walker River Paiute Tribe.
    (2) Water acquired under paragraph (1) shall be--
            (A) acquired only from willing sellers;
            (B) designed to maximize water conveyances to Walker Lake; 
        and
            (C) located only within the Walker River Paiute Indian 
        Reservation.
    (c) Using amounts made available under section 2507 of the Farm and 
Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
107-171), the Secretary, acting through the Commissioner of 
Reclamation, shall provide--
            (1) $10,000,000 for tamarisk eradication, riparian area 
        restoration, and channel restoration efforts within the Walker 
        River Basin that are designed to enhance water delivery to 
        Walker Lake, with priority given to activities that are 
        expected to result in the greatest increased water flows to 
        Walker Lake; and
            (2) $5,000,000 to the United States Fish and Wildlife 
        Service, the Walker River Paiute Tribe, and the Nevada Division 
        of Wildlife to undertake activities, to be coordinated by the 
        Director of the United States Fish and Wildlife Service, to 
        complete the design and implementation of the Western Inland 
        Trout Initiative and Fishery Improvements in the State of 
        Nevada with an emphasis on the Walker River Basin.
    Sec. 210. Norman, Oklahoma. (a) Authorization to Conduct 
Feasibility Study.--
            (1) Feasibility study.--In accordance with Federal 
        reclamation law, the Secretary of the Interior (referred to as 
        ``Secretary''), acting through the Bureau of Reclamation and in 
        consultation with the State of Oklahoma, Central Oklahoma 
        Master Conservancy District (referred to as ``District''), and 
        other interested local entities, is authorized to conduct a 
        study to determine the feasibility of:
                    (A) implementing water augmentation alternatives 
                that would provide additional water to meet the future 
                needs of the District's member cities and surrounding 
                area;
                    (B) making use of existing Norman Project 
                infrastructure to store, regulate and deliver water to 
                meet current and future water demands; and
                    (C) increasing the capacity of existing Norman 
                Project infrastructure in order to meet the projected 
                demands.
            (2) Cost sharing.--The Federal share of the cost of the 
        study authorized in this Act shall not exceed 50 percent of the 
        total cost of the study, and shall be non-reimbursable.
            (3) Cooperative agreements.--The Secretary is authorized to 
        enter into cooperative agreements with the State of Oklahoma 
        and other appropriate entities to complete the feasibility 
        study authorized in this Act.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
the Federal share under subsection (a).
    Sec. 211. Section 207 of Division C of Public Law 108-447 is 
amended by inserting ``, and any effects of inflation thereon,'' after 
the word ``increase''.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                     Energy Supply and Conservation

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply and energy conservation activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,945,330,000, to remain 
available until expended.

                         Clean Coal Technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $257,000,000 shall not be available until October 1, 2006: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                          Clean Cities Program

    Funding for the Clean Cities program may be provided at no less 
than the current year level. Within the Clean Cities program, funding 
for work to expand E-85 fueling capacity may also be maintained at no 
less than the current year level.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, the hire of passenger motor vehicles, the hire, maintenance, 
and operation of aircraft, the purchase, repair, and cleaning of 
uniforms, the reimbursement to the General Services Administration for 
security guard services, and for conducting inquiries, technological 
investigations and research concerning the extraction, processing, use, 
and disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), $641,646,000, to 
remain available until expended, of which $18,000,000 is to continue a 
multi-year project coordinated with the private sector for FutureGen, 
without regard to the terms and conditions applicable to clean coal 
technological projects: Provided, That the initial planning and 
research stages of the FutureGen project shall include a matching 
requirement from non-Federal sources of at least 20 percent of the 
costs: Provided further, That any demonstration component of such 
project shall require a matching requirement from non-Federal sources 
of at least 50 percent of the costs of the component: Provided further, 
That of the amounts provided, $100,000,000 is available, after 
coordination with the private sector, for a request for proposals for a 
Clean Coal Power Initiative providing for competitively-awarded 
research, development, and demonstration projects to reduce the 
barriers to continued and expanded coal use: Provided further, That no 
project may be selected for which sufficient funding is not available 
to provide for the total project: Provided further, That funds shall be 
expended in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 
5903d as well as those contained under the heading ``Clean Coal 
Technology'' in prior appropriations: Provided further, That the 
Department may include provisions for repayment of Government 
contributions to individual projects in an amount up to the Government 
contribution to the project on terms and conditions that are acceptable 
to the Department including repayments from sale and licensing of 
technologies from both domestic and foreign transactions: Provided 
further, That such repayments shall be retained by the Department for 
future coal-related research, development and demonstration projects: 
Provided further, That any technology selected under this program shall 
be considered a Clean Coal Technology, and any project selected under 
this program shall be considered a Clean Coal Technology Project, for 
the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title 
40 of the Code of Federal Regulations: Provided further, That no part 
of the sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas: Provided further, 
That up to 4 percent of program direction funds available to the 
National Energy Technology Laboratory may be used to support Department 
of Energy activities not included in this account: Provided further, 
That salaries for Federal employees performing research and development 
activities at the National Energy Technology Laboratory can continue to 
be funded from program accounts: Provided further,  That the Secretary 
of Energy is authorized to accept fees and contributions from public 
and private sources, to be deposited in a contributed funds account, 
and prosecute projects using such fees and contributions in cooperation 
with other Federal, State, or private agencies or concerns: Provided 
further, That revenues and other moneys received by or for the account 
of the Department of Energy or otherwise generated by sale of products 
in connection with projects of the Department appropriated under the 
Fossil Energy Research and Development account may be retained by the 
Secretary of Energy, to be available until expended, and used only for 
plant construction, operation, costs, and payments to cost-sharing 
entities as provided in appropriate cost-sharing contracts or 
agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$21,500,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Elk Hills School Lands Fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $48,000,000, for payment to the State of California for 
the State Teachers' Retirement Fund, of which $46,000,000 will be 
derived from the Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, $166,000,000, to remain 
available until expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $85,926,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed six 
passenger motor vehicles, of which five shall be for replacement only, 
$353,219,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$561,498,000, to be derived from the Fund, to remain available until 
expended, of which $0 shall be available in accordance with title X, 
subtitle A, of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed forty-seven passenger motor 
vehicles for replacement only, including not to exceed one ambulance 
and two buses, $3,702,718,000, to remain available until expended: 
Provided, That $250,055,000 is appropriated for the Advanced Scientific 
Computing Research: Provided further, That $43,000,000 may be provided 
to the Center for Computational Sciences at Oak Ridge National 
Laboratory: Provided further, That $500,000 may be provided to the 
Medical University of South Carolina: Provided further, That $500,000 
may be provided to the Community College of Southern Nevada 
Transportation Academy: Provided further, That $3,000,000 may be 
provided to South Dakota State University.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``Act''), including the acquisition of real property or facility 
construction or expansion, $300,000,000, to remain available until 
expended and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$3,500,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State of 
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended, not less than $500,000 shall be provided 
to Nye County, Nevada, for on-site oversight activities under section 
117(d) of that Act: Provided further, That $8,500,000 shall be provided 
to affected units of local governments, as defined in the Act, to 
conduct appropriate activities and participate in licensing activities: 
Provided further, That the distribution of the funds as determined by 
the units of local government shall be approved by the Department of 
Energy: Provided further, That the funds for the State of Nevada shall 
be made available solely to the Nevada Division of Emergency Management 
by direct payment and units of local government by direct payment: 
Provided further, That within 90 days of the completion of each Federal 
fiscal year, the Nevada Division of Emergency Management and the 
Governor of the State of Nevada and each local entity shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by the Act 
and this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action on any matter pending before Congress 
or a State legislature or for lobbying activity as provided in 18 
U.S.C. 1913; (2) used for litigation expenses; or (3) used to support 
multi-State efforts or other coalition building activities inconsistent 
with the restrictions contained in this Act: Provided further, That all 
proceeds and recoveries realized by the Secretary in carrying out 
activities authorized by the Act, including but not limited to, any 
proceeds from the sale of assets, shall be available without further 
appropriation and shall remain available until expended.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $35,000, $280,976,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$123,000,000 in fiscal year 2006 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2006, and any related unappropriated 
receipt account balances remaining from prior years' miscellaneous 
revenues, so as to result in a final fiscal year 2006 appropriation 
from the general fund estimated at not more than $157,976,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $43,000,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 40 passenger motor vehicles, for replacement only, 
including not to exceed two buses;   $6,574,024,000 to remain available 
until expended: Provided, that the $65,564,000 is authorized to be 
appropriated for Project 01-D-108, Microsystems and Engineering Science 
Applications (MESA), Sandia National Laboratories, Albuquerque, New 
Mexico: Provided further, that $65,000,000 is authorized to be 
appropriated for Project 04-D-125, Chemistry and Metallurgy Research 
Building Replacement project, Los Alamos Laboratory, Los Alamos, New 
Mexico.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,729,066,000 to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $799,500,000, to 
remain available until expended.

                      Office of The Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $343,869,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $6,366,771,000, to 
remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed ten passenger motor 
vehicles for replacement only, including not to exceed two buses; 
$645,001,000, to remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $277,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2006, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of electric power and energy, including 
transmission wheeling and ancillary services pursuant to section 5 of 
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $5,600,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$32,713,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southwestern power 
administration, $30,166,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $3,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act to recover purchase power and wheeling expenses shall 
be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures.

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $240,757,000, to remain 
available until expended, of which $236,596,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That 
notwithstanding the provision of 31 U.S.C. 3302, up to $279,000,000 
collected by the Western Area Power Administration pursuant to the 
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses shall be credited to this 
account as offsetting collections, to remain available until expended 
for the sole purpose of making purchase power and wheeling 
expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$220,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $220,400,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2006 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2006 so as to result in a final fiscal year 2006 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 302. None of the funds appropriated by this Act may be used to 
augment the funds made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department 
of Energy submits a reprogramming request to the appropriate 
congressional committees.
    Sec. 303. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 304. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 305. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 306. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2006 or any previous fiscal year may 
be used to make payments for a noncompetitive management and operating 
contract unless the Secretary of Energy has published in the Federal 
Register and submitted to the Committees on Appropriations of the House 
of Representatives and the Senate a written notification, with respect 
to each such contract, of the Secretary's decision to use competitive 
procedures for the award of the contract, or to not renew the contract, 
when the term of the contract expires.
    (2) Paragraph (1) does not apply to an extension for up to 2 years 
of a noncompetitive management and operating contract, if the extension 
is for purposes of allowing time to award competitively a new contract, 
to provide continuity of service between contracts, or to complete a 
contract that will not be renewed.
    (b) In this section:
            (1) The term ``noncompetitive management and operating 
        contract'' means a contract that was awarded more than 50 years 
        ago without competition for the management and operation of 
        Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley 
        National Laboratory, Lawrence Livermore National Laboratory, 
        and Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the meaning 
        provided in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403) and includes procedures described in 
        section 303 of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 253) other than a procedure that 
        solicits a proposal from only one source.
    (c) For all management and operating contracts other than those 
listed in subsection (b)(1), none of the funds appropriated by this Act 
may be used to award a management and operating contract, or award a 
significant extension or expansion to an existing management and 
operating contract, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver. At least 60 days before a 
contract award for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a report notifying the 
Committees of the waiver and setting forth, in specificity, the 
substantive reasons why the Secretary believes the requirement for 
competition should be waived for this particular award.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities or other potential users, or seeks input from 
universities or other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a 
National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental 
facility designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear Security 
Administration may authorize the manager of a covered nuclear weapons 
research, development, testing or production facility to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such facility in order to 
maintain and enhance such capabilities at such facility: Provided, That 
of the amount allocated to a covered nuclear weapons facility each 
fiscal year from amounts available to the Department of Energy for such 
fiscal year for national security programs, not more than an amount 
equal to 4 percent of such amount may be used for these activities: 
Provided further, That for purposes of this section, the term ``covered 
nuclear weapons facility'' means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas;
            (4) the Savannah River Plant, South Carolina; and
            (5) the Nevada Test Site.
    Sec. 309. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2006 until the enactment of the Intelligence 
Authorization Act for fiscal year 2006.
    Sec. 310. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of enactment of this 
Act, or is generated after such date. For the purpose of this section, 
the material categories of transuranic waste at the Rocky Flats 
Environmental Technology Site include: (1) ash residues; (2) salt 
residue; (3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact Statement on 
Management of Certain Plutonium Residues and Scrub Alloy Stored at the 
Rocky Flats Environmental Technology Site''.
    Sec. 311. Advanced Simulation Computing. None of the funds 
appropriated by this Act for the National Nuclear Security 
Administration (NNSA) Advanced Simulation and Computing program may be 
used to fund any project that does not directly support the stockpile 
stewardship mission of NNSA unless the NNSA Administrator determines 
that all Advanced Simulation and Computing stockpile stewardship 
responsibilities for fiscal year 2006 have been satisfied.
    Sec. 312. Reno Hydrogen Fuel Project Funding. (a) The non-Federal 
share of project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration Sections 
5307, 5308, 5309, and 5314 program, including the non-Federal share for 
the FTA funds, is an eligible component of the non-Federal share for 
this project.
    (c) Contribution of the non-Federal share of project costs for all 
grants made for this project may be deferred until the entire project 
is completed.
    (d) All operations and maintenance costs associated with vehicles, 
equipment, and facilities utilized for this project are eligible 
project costs.
    (e) This section applies to project appropriations beginning in 
fiscal year 2004.
    Sec. 313. Laboratory Directed Research and Development. Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operator operated laboratories funded in 
this Act or subsequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not to exceed 8 
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may 
also authorize a specific amount not to exceed 4 percent of such funds, 
to be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site-
directed research and development.
    Sec. 314. LDRD Eligibility. Funds made available in Title III of 
this Act shall be available to pay expenses for all Lab Directed 
Research and Development (LDRD), Plant Directed Research and 
Development (PDRD) and Site Directed Research and Development (SDRD) 
project costs incurred by DOE Major Facility Operating Contractors.
    Sec. 315. LDRD Costs. Funds made available in Title III of this Act 
shall be available to finance all direct and indirect costs of research 
performed on behalf of other Federal agencies, including laboratory 
directed research and development costs.
    Sec. 316. NNSA Complex Review Implementation. No funds provided in 
this Act shall be available to implement reforms identified in 
Secretary of Energy's Advisory Board NNSA Nuclear Weapons Complex 
Infrastructure Study that had not been requested within the fiscal year 
2006 budget request.
    Sec. 317. That the Committee directs the Government Accountability 
Office to undertake a study of the Office of Science Fusion Energy 
program in order to define the roles of the major domestic facilities, 
DIIID, Alcator C-Mod, and NSTX in the support of the International 
Thermoelectric Reactor program, including making recommendations that 
may include the possible shutdown or consolidation of operations or 
focus of these facilities to maximize their value to the International 
Thermoelectric Reactor program: Provided, That given the major 
international commitment to International Thermoelectric Reactor and 
the tokamak concept, the GAO shall consider any other magnetic fusion 
confinement system as a possible fusion demonstration facility that 
will follow International Thermoelectric Reactor and given the major 
National Nuclear Security Administration investment in the physics of 
Inertial Confinement Fusion, the GAO shall evaluate the opportunities 
for the Office of Science to develop the appropriate science and 
technology to leverage the National Nuclear Security Administration 
investment as an alternative to the tokamak concept.
    Sec. 318. Of amounts appropriated to the Secretary of Energy for 
the Rocky Flats Environmental Technology Site for fiscal year 2006, the 
Secretary may provide no more than $10,000,000 for the purchase of 
mineral rights at the Rocky Flats Environmental Technology Site.
    Sec. 319. Of amounts appropriated to the Secretary of Energy for 
the Rocky Flats Environmental Technology Site for fiscal year 2006, the 
Secretary may provide not more than $15,000,000 to provide regular and 
early retirement benefits to workers at the Rocky Flats Environmental 
Technology Site.
    Sec. 320. Notwithstanding Department of Energy order 413.2A, dated 
January 8, 2001, beginning in fiscal year 2006 and thereafter, the 
Savannah River National Laboratory may be eligible for laboratory 
directed research and development funding.

                     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, for necessary 
expenses 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, 
$65,482,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $12,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $67,000,000 nothwithstanding the 
limitations contained in section 306(g) of the Denali Commission Act of 
1998, $2,562,000, to remain available until expended: Provided, That of 
the amounts provided to the Denali Commission, $5,000,000 is for 
community showers and washeteria in villages with homes with no running 
water; $13,000,000 is for the Juneau/Green's Creek/Hoonah Intertie 
project; $3,000,000 for the Fire Island Transmission line; $1,000,000 
for the Humpback Creek Hydroelectric project; $2,000,000 for the Falls 
Creek Hydroelectric project; $5,000,000 is for multi-purpose community 
facilities including the Bering Straits Region, Dillingham, Moose Pass, 
Sterling, Funny River, Eclutna, and Anchor Point; $10,000,000 is for 
teacher housing in remote villages such as Savoogna, Allakakaet, 
Hughes, Huslia, Minto, Nulato, and Ruby where there is limited housing 
available for teachers; $7,000,000 is for facilities serving Native 
elders and senior citizens; and $5,000,000 is for: (1) the Rural 
Communications service to provide broadcast facilities in communities 
with no television or radio station; (2) the Public Broadcasting 
Digital Distribution Network to link rural broadcasting facilities 
together to improve economies of scale, share programming, and reduce 
operating costs; and (3) rural public broadcasting facilities and 
equipment upgrades.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), purchase of 
promotional items for use in the recruitment of individuals for 
employment, $734,376,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $66,717,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $598,643,000 in fiscal year 2006 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2006 so 
as to result in a final fiscal year 2006 appropriation estimated at not 
more than $135,733,000: Provided further, That section 6101 of the 
Omnibus Budget Reconciliation Act of 1990 is amended by inserting 
before the period in subsection (c)(2)(B)(v) the words ``and fiscal 
year 2006''.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,316,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,485,000 in fiscal year 2006 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2006 so as to result in 
a final fiscal year 2006 appropriation estimated at not more than 
$831,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,608,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       TITLE V--GENERAL PROVISION

    Sec. 501. None of the funds made available in 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 appropriation Act.
    Sec. 502. None of the funds made available by this or a prior Act 
shall be used to award a fully-funded continuing contract, in a case in 
which continuing contract authority is applicable, unless the Chief of 
Engineers certifies that--
            (1) the contract can be awarded and completed in the same 
        fiscal year;
            (2) the contract can be completed shortly after the end of 
        the fiscal year in which the contract was awarded, but only if 
        the amount necessary to fully fund the contract is identified 
        as surplus, or excess, to the program needs of that fiscal 
        year; or
            (3) future funding for the project is uncertain.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2419

_______________________________________________________________________

                               AMENDMENT