[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Enrolled Bill (ENR)]


        H.R.2419

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2006, for energy 
and water development and for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                              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, 
$164,000,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, within the funds provided 
under this heading, $1,000,000 shall be available for planning 
assistance to the state of Ohio for Stark County watershed basin study: 
Provided further, That using $8,000,000 of the funds provided herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to conduct a comprehensive hurricane protection study at full 
Federal expense to develop and present a full range of flood, coastal 
and hurricane protection measures exclusive of normal policy 
considerations for south Louisiana and the Secretary shall submit a 
feasibility report for short-term protection within 6 months of 
enactment of this Act, interim protection within 12 months of enactment 
of this Act and long-term comprehensive protection within 24 months of 
enactment of this Act: Provided further, That the Secretary shall 
consider providing protection for a storm surge equivalent to a 
Category 5 hurricane within the project area and may submit reports on 
component areas of the larger protection program for authorization as 
soon as practicable: Provided further, That the analysis shall be 
conducted in close coordination with the State of Louisiana and its 
appropriate agencies.


                               Construction

    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 involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $2,372,000,000, 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; and of which $12,000,000 
shall be exclusively for projects and activities authorized under 
section 107 of the River and Harbor Act of 1960; and of which $500,000 
shall be exclusively for projects and activities authorized under 
section 111 of the River and Harbor Act of 1968; and of which 
$7,000,000 shall be exclusively for projects and activities authorized 
under section 103 of the River and Harbor Act of 1962; and of which 
$40,000,000 shall be exclusively available for projects and activities 
authorized under section 205 of the Flood Control Act of 1948; and of 
which $15,000,000 shall be exclusively for projects and activities 
authorized under section 14 of the Flood Control Act of 1946; and of 
which $300,000 shall be exclusively for projects and activities 
authorized under section 208 of the Flood Control Act of 1954; and of 
which $30,000,000 shall be exclusively for projects and activities 
authorized under section 1135 of the Water Resources Development Act of 
1986; and of which $30,000,000 shall be exclusively for projects and 
activities authorized under section 206 of the Water Resources 
Development Act of 1996; and of which $5,000,000 shall be exclusively 
for projects and activities authorized under sections 204 and 207 of 
the Water Resources Development Act of 1992 and section 933 of the 
Water Resources Development Act of 1986: Provided, That the Chief of 
Engineers is directed to use $11,250,000 of the funds appropriated 
herein for 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 $1,500,000 of the funds provided 
herein for the Hawaii Water Management Project: Provided further, That 
the Chief of Engineers is directed to use $13,000,000 of the funds 
appropriated herein for 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 for seepage control features and 
repairs to the tainter gates at Waterbury Dam, Vermont: Provided 
further, That $600,000 of the funds provided herein for the Dam Safety 
and Seepage/Stability Correction Program shall be available for Dover 
Dam, Ohio: Provided further, That the Chief of Engineers is directed to 
use $9,500,000 of the funds appropriated herein for 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 $5,600,000 of the funds 
appropriated herein for 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 Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $16,000,000 of the 
funds appropriated herein for the Clover Fork, City of Cumberland, Town 
of Martin, Pike County (including Levisa Fork and Tug Fork 
Tributaries), Bell County, Harlan County in accordance with the Draft 
Detailed Project Report dated January 2002, Floyd County, Martin 
County, Johnson County, and Knox County, Kentucky, detailed project 
report, elements of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River: 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 $15,000,000 available for the American River Watershed 
(Folsom Dam Mini-Raise), California, project, $10,000,000 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: 
Provided further, That $35,000,000 shall be available for projects and 
activities authorized under 16 U.S.C. 410-r-8: Provided further, That 
the Secretary is directed to use $2,000,000 of the funds appropriated 
herein to provide a grant to the City of Caliente, Nevada, for the City 
to expend for the purpose of purchasing construction equipment to be 
used by the City in constructing local flood control measures.


  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, $400,000,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be derived 
from the Harbor Maintenance Trust Fund: Provided, That the Chief of 
Engineers is directed to use $20,000,000 of the funds provided herein 
for design and real estate activities and pump supply elements for the 
Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers is directed to use $9,000,000 appropriated herein for 
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

    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 (the ``Corps''), 
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, $1,989,000,000, to remain available 
until expended, of which such sums to cover the Federal share of 
operation and maintenance costs for coastal harbors and channels, and 
inland harbors 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 Corps 
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.


                            Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $160,000,000, to remain 
available until expended.


                              Revolving Fund

    None of the funds in title I of this Act or otherwise available to 
the Corps of Engineers shall be available for the rehabilitation and 
lead and asbestos abatement of the dredge McFarland.


             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, $154,000,000, 
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: Provided further, That the Secretary is directed to 
use $4,500,000 of the funds appropriated herein to conduct, at full 
Federal expense and in close cooperation with state and local 
governments, comprehensive analyses that examine multi-jurisdictional 
use and management of water resources on a watershed or regional scale.


         Office of Assistant Secretary of the Army (Civil Works)

    For expenses necessary for the Office of Assistant Secretary of the 
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.


                         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. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2006, shall be available for obligation or 
expenditure through a reprogramming of funds that--
        (1) creates or initiates a new program, project, or activity;
        (2) eliminates a program, project or activity;
        (3) increases funds or personnel for any program, project or 
    activity for which funds have been denied or restricted by this 
    Act;
        (4) proposes to use funds directed for a specific activity by 
    either the House or the Senate Committees on Appropriations for a 
    different purpose;
        (5) augments existing programs, projects or activities in 
    excess of $2,000,000 or 50 percent, whichever is less, unless prior 
    approval is received from the House and Senate Committees on 
    Appropriations;
        (6) reduces existing programs, projects or activities in excess 
    of $2,000,000 or 50 percent, whichever is less, unless prior 
    approval is received from the House and Senate Committees on 
    Appropriations; or
        (7) creates, reorganizes, or restructures a branch, division, 
    office, bureau, board, commission, agency, administration, or 
    department different from the budget justifications submitted to 
    the Committees on Appropriations or the table accompanying the 
    Statement of Managers accompanying this Act, whichever is more 
    detailed, unless prior approval is received from the House and 
    Senate Committees on Appropriations.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948; section 
14 of the Flood Control Act of 1946; section 208 of the Flood Control 
Act of 1954; section 107 of the River and Harbor Act of 1960; section 
103 of the River and Harbor Act of 1962; section 111 of the River and 
Harbor Act of 1968; section 1135 of the Water Resources Development Act 
of 1986; section 206 of the Water Resources Development Act of 1996; 
sections 204 and 207 of the Water Resources Development Act of 1992 or 
section 933 of the Water Resources Development Act of 1986.
    (c) Not later than 60 days after the date of enactment of this Act, 
the Corps of Engineers shall submit a report to the Committees on 
Appropriations of the Senate and the House of Representatives to 
establish the baseline for application of reprogramming and transfer 
authorities for the current fiscal year: Provided, That the report 
shall include--
        (1) a table for each appropriation with a separate column to 
    display the President's budget request, adjustments made by 
    Congress, adjustments due to enacted rescissions, if appropriate, 
    and the fiscal year enacted level;
        (2) a delineation in the table for each appropriation both by 
    object class and program, project and activity as detailed in the 
    budget appendix for the respective appropriations; and
        (3) an identification of items of special congressional 
    interest: Provided further, That the amount appropriated for 
    salaries and expenses of the Corps of Engineers shall be reduced by 
    $100,000 per day for each day after the required date that the 
    report has not been submitted to the Congress.
    (d) None of the funds received as a non-Federal share for project 
costs by any agency funded in title I of this Act shall be available 
for reprogramming.
    Sec. 102. Beginning in fiscal year 2006 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 River 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. 103. In order to protect and preserve the integrity of the 
water supply against further degradation, none of the funds made 
available under this Act and any other Act hereafter may be used by the 
Army Corps of Engineers to support activities related to any proposed 
new landfill in the Muskingum Watershed if such landfill--
        (1) has not received a permit to construct from the State 
    agency with responsibility for solid waste management in the 
    watershed;
        (2) has not received waste for disposal during 2005; and
        (3) is not contiguous or adjacent to a portion of a landfill 
    that has received waste for disposal in 2005 and each landfill is 
    owned by the same person or entity.
    Sec. 104. 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. 105. 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. 106. Notwithstanding any other provision of law, the 
requirements regarding the use of continuing contracts under the 
authority of section 206 of the Water Resources Development Act of 1999 
(33 U.S.C. 2331) shall apply only to projects funded under the 
Operation and Maintenance account and the Operation and Maintenance 
subaccount of the Flood Control, Mississippi River and Tributaries 
account.
    Sec. 107. 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. 108. None of the funds made available in title I of this Act 
may be used to award any continuing contract or to make modifications 
to any existing continuing contract that commits an amount for a 
project in excess of the amount appropriated for such project pursuant 
to this Act: Provided, That the amounts appropriated in this Act may be 
modified pursuant to the authorities provided in section 101 of this 
Act or through the application of unobligated balances for such 
project.
    Sec. 109. 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. 110. 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. The non-Federal sponsor shall 
receive credit toward its share of project costs for work carried out 
by the non-Federal sponsor prior to execution of a project cooperation 
agreement, if the Secretary determines that the work is integral to the 
project. The non-Federal sponsor may also receive credit for any work 
performed by the non-Federal sponsor pursuant to a project cooperation 
agreement. The non-Federal sponsor shall be reimbursed for any work 
performed by the non-Federal sponsor that is in excess of the non-
Federal share of project costs.''.
    Sec. 111. None of the funds in this Act may be expended by the 
Secretary of the Army to construct the Port Jersey element of the New 
York and New Jersey Harbor or to reimburse the local sponsor for the 
construction of the Port Jersey element until commitments for 
construction of container handling facilities are obtained from the 
non-Federal sponsor for a second user along the Port Jersey element.
    Sec. 112. 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. 113. Truckee Meadows Flood Control Project, Nevada.--The non-
Federal funds expended for purchase of lands, easements and rights-of-
way, implementation of project monitoring and assessment, and 
construction and implementation of recreation, ecosystem restoration, 
and water quality improvement features, including the provision of 6700 
acre-feet of water rights no later than the effective date of the 
Truckee River Operating Agreement for re-vegetation, reestablishment 
and maintenance of riverine and riparian habitat of the Lower Truckee 
River and Pyramid Lake, whether expended prior to or after the signing 
of the Project Cooperation Agreement (PCA), shall be fully credited to 
the non-Federal sponsor's share of costs for the project: Provided, 
That for the purposes of benefit-cost ratio calculations in the General 
Reevaluation Report (GRR), the Truckee Meadows Nevada Flood Control 
Project shall be defined as a single unit and non-separable.
    Sec. 114. 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. 115. 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. 116. Yazoo Basin, Big Sunflower River, Mississippi.--The Yazoo 
Basin, Big Sunflower River, Mississippi, project authorized by the 
Flood Control Act of 1944, 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 and reduction of sedimentation, erosion and headcutting in 
watersheds of the Yazoo Basin: Yazoo Headwater and Big Sunflower.
    Sec. 117. 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. 118. Section 593(h) of Public Law 106-541 is amended by 
striking ``$25,000,000'' and inserting ``$50,000,000'' in lieu thereof.
    Sec. 119. 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. 120. 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. 121. (a) The Secretary of the Army may carry out and fund 
projects to comply with the 2003 Biological Opinion described in 
section 205(b) of the Energy and Water Development Appropriations Act, 
2005 (Public Law 108-447; 118 Stat. 2949) as amended by subsection (b) 
and may award grants and enter into contracts, cooperative agreements, 
or interagency agreements with participants in the Endangered Species 
Act Collaborative Program Workgroup referenced in section 209(a) of the 
Energy and Water Development Appropriations Act, 2004 (Public Law 108-
137; 117 Stat. 1850) in order to carry out such projects. Any project 
undertaken under this subsection shall require a non-Federal cost share 
of 25 percent, which may be provided through in-kind services or direct 
cash contributions and which 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 calculated on a three 
year incremental basis. Non-Federal cost share that exceeds that which 
is required in any calculated three year increment shall be credited to 
subsequent three year increments.
    (b) Section 205(b) of Public Law 108-447 (118 Stat. 2949) is 
amended by adding ``and any amendments thereto'' after the word 
``2003''.
    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. (a) In General.--
        (1) After the date of enactment of this Act, the Secretary of 
    the Army shall carry out the project for wastewater infrastructure, 
    DeSoto County, Mississippi, authorized by section 219(f)(30) of 
    Public Law 102-580, as amended, in accordance with the provisions 
    of this subsection.
        (2) The non-Federal interest shall be primarily responsible for 
    carrying out work on the project referred to in paragraph (1) that 
    is not covered by the Project Cooperation Agreement executed on May 
    13, 2002 or any amendments thereto, including work associated with 
    the design, construction, management, and administration of the 
    project. The non-Federal interest may carry out work on the project 
    subject to obtaining any permits required pursuant to Federal and 
    State laws and subject to general supervision and administrative 
    oversight by the Secretary of the Army.
        (3) The Federal share of project costs incurred by the non-
    Federal interest in carrying out work on the project as provided 
    for in paragraph (2) shall equal 75 percent of the total cost of 
    the work and shall be in the form of grants or reimbursements, 
    except that the total amount of Federal funds available for the 
    project, including that portion of the project carried out as 
    provided for in paragraph (2), may not exceed $55,000,000.
    (b) Technical Amendment.--Section 6006 of the Emergency 
Supplemental Appropriations Act, 2005 (119 Stat. 282) is amended by 
striking ``between May 13, 2002, and September 30, 2005'' and inserting 
``after May 13, 2002'' in lieu thereof.
    Sec. 124. The project for flood control, Las Vegas Wash and 
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by 
section 101(13) of Public Law 102-580 and modified by Public Law 108-7 
(H.J. Res. 2) Consolidated Appropriations Resolution, 2003, section 107 
is further modified to provide that the costs incurred for design and 
construction of the project channel crossings in the reach of the 
channels from Shelbourne Avenue proceeding north along the alignment of 
Durango Drive and continuing east along the Southern Beltway to Martin 
Avenue shall be added to the authorized cost of the project and such 
costs shall be cost shared and shall not be considered part of the non-
Federal sponsor's responsibility to provide lands, easements, and 
rights-of-way, and to perform relocations for the project.
    Sec. 125. Restoration of the Lake Michigan Waterfront and Related 
Areas, Lake and Porter Counties, Indiana.--The Secretary of the Army, 
acting through the Chief of Engineers is authorized and directed to 
carry out a continuing program for the restoration of the Lake Michigan 
Waterfront and Related Areas, Lake and Porter Counties, Indiana.
        (1) Definitions.--
            (A) Related areas are defined as adjacent or close sites 
        that have an impact or influence on the waterfront areas or 
        aquatic habitat.
            (B) Restore is defined as--
                (i) activities that improve a site's ecosystem 
            function, structure, and dynamic processes to a less 
            degraded and more natural condition, and/or
                (ii) the management of contaminants that allow the site 
            to be safely used for ecological and/or economic purposes.
        (2) Justification.--Projects can be justified by ecosystem 
    benefits, clean-up of contaminated sites, public health, safety, 
    economic benefits or any combination of these. Sites restored for 
    economic purposes can be redeveloped by others. Restoration sites 
    may include compatible recreation facilities that do not diminish 
    the restoration purpose and do not increase the Federal cost share 
    by more than 10 percent.
        (3) Cost sharing.--The construction of projects are cost shared 
    at 65 percent Federal and 35 percent non-Federal except when there 
    is a demonstration of innovative technology. The cost share is then 
    85 percent Federal and 15 percent non-Federal.
        (4) Credit.--
            (A) The Secretary shall credit the non-Federal interest for 
        the value of any lands, easements, rights-of-way, relocations, 
        excavated and/or dredged material disposal areas required for 
        carrying out a project. When the cost of the provision of all 
        lands, easements, rights-of-way, relocations, excavated and/or 
        dredged material disposal areas exceeds the non-Federal share, 
        as identified in paragraph (3), the non-Federal interest may 
        waive any right under Federal cost-sharing policy to receive 
        cash reimbursement for any such value in excess of the non-
        Federal share as identified in paragraph (3).
            (B) The non-Federal interest may provide up to 100 percent 
        of the non-Federal share required under paragraph (3) in the 
        form of services, materials, supplies, or other in-kind 
        contributions including monies paid pursuant to, or the value 
        of any in-kind service performed under, an administrative order 
        on consent or jurisdictional consent decree but may not include 
        any monies paid pursuant to, or the value of any in-kind 
        service performed under, a unilateral administrative order or 
        court order.
            (C) The total of non-Federal credit for services, 
        materials, supplies, or other in-kind contributions when 
        combined with lands, easements, rights-of-way, relocations, 
        excavated and/or dredged material disposal areas shall not 
        exceed the non-Federal share identified in paragraph (3).
        (5) Operation, maintenance, repair, replacement and 
    rehabilitation.--Operation, maintenance, repair, replacement and 
    rehabilitation is 100 percent non-Federal cost.
        (6) Hold harmless.--Non-Federal interests hold and save 
    harmless the United States free from claims or damages due to 
    implementation of the project except for negligence of the 
    government.
        (7) Authorized appropriations.--There is authorized to be 
    appropriated to carry out this program $20,000,000 for each fiscal 
    year.
    Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and 
Virginia.--The second sentence of section 704(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking 
``$20,000,000'' and inserting ``$30,000,000''.
    Sec. 127. The project for flood control, Little Calumet River, 
Indiana, authorized by section 401(a) of Public Law 99-662 (100 Stat. 
4115) is modified to authorize the Secretary of the Army to complete 
the project in accordance with the post authorization change report 
dated August 2000 at a total cost of $198,000,000 with an estimated 
Federal cost of $148,500,000 and an estimated non-Federal cost of 
$49,500,000.
    Sec. 128. American River Watershed, California (Folsom Dam and 
Permanent Bridge).--(a) Coordination of Flood Damage Reduction and Dam 
Safety.--The Secretary of the Army and the Secretary of the Interior 
are directed to collaborate on authorized activities to maximize flood 
damage reduction improvements and address dam safety needs at Folsom 
Dam and Reservoir, California. The Secretaries shall expedite technical 
reviews for flood damage reduction and dam safety improvements. In 
developing improvements under this section, the Secretaries shall 
consider reasonable modifications to existing authorized activities, 
including a potential auxiliary spillway. In conducting such 
activities, the Secretaries are authorized to expend funds for 
coordinated technical reviews and joint planning, and preliminary 
design activities.
    (b) Secretary's Role.--Section 134 of Public Law 108-137 (117 Stat. 
1842) is modified to read as follows:

``SEC. 134. BRIDGE AUTHORIZATION.

    ``There is authorized to be appropriated to the Secretary of the 
Army $30,000,000 for the construction of the permanent bridge described 
in section 128(a), above the $36,000,000 provided for in the 
recommended plan for bridge construction. The $30,000,000 shall not be 
subject to cost sharing requirements with non-Federal interests.''.
    (c) Conforming Change.--Section 128(a) of Public Law 108-137 (117 
Stat. 1838) is modified by deleting ``above the $36,000,000 provided 
for in the recommended plan for bridge construction,'' and inserting in 
lieu thereof the following: ``above the sum of the $36,000,000 provided 
for in the recommended plan for bridge construction and the amount 
authorized to be appropriated by section 134, as amended,''.
    (d) Maximum Cost of Project.--The costs cited in subsections (b) 
and (c) shall be adjusted to allow for increases pursuant to section 
902 of Public Law 99-662 (100 Stat. 4183). For purposes of making 
adjustments pursuant to this subsection, the date of authorization of 
the bridge project shall be December 1, 2003.
    (e) Expedited Construction.--The Secretary, in coordination with 
the Secretary of the Interior and affected non-Federal officials 
(including the City of Folsom, California), shall expedite construction 
of a new bridge and associated roadway authorized in Public Law 108-
137. The Secretary, to the extent practicable, may construct such work 
in a manner that is compatible with the design and construction of 
authorized projects for flood damage reduction and dam safety. The 
Secretary and the Secretary of the Interior shall expedite actions 
under their respective jurisdictions to facilitate timely completion of 
construction.
    (f) Report to Congress.--The Secretary of the Army, in consultation 
with the Secretary of the Interior and non-Federal interests, shall 
report to Congress within ninety days of the date of enactment of this 
Act, and at four-month intervals thereafter, on the status and schedule 
of planning, design and construction activity.
    Sec. 129. Jacksonville Harbor, Florida.--(a) The project for 
navigation, Jacksonville Harbor, Florida, authorized by section 
101(a)(17) of the Water Resources Development Act of 1999 (113 Stat. 
276), is modified to authorize the Secretary to extend the navigation 
features in accordance with the Report of the Chief of Engineers, dated 
July 22, 2003, at a total cost of $14,658,000, with an estimated 
Federal cost of $9,636,000 and an estimated non-Federal cost of 
$5,022,000.
    (b) The non-Federal share of the costs of the General Reevaluation 
Reports on the Jacksonville Harbor which were begun prior to August 
2004, shall be consistent with the non-Federal costs in implementing 
the overall construction project.
    Sec. 130. Section 594(g) of the Water Resources Development Act of 
1999 (113 Stat. 383) is amended by striking ``$60,000,000'' and 
inserting ``$240,000,000''.
    Sec. 131. Onondaga Lake, New York.--Section 573 of the Water 
Resources Development Act of 1999 (113 Stat. 372) is amended--
        (1) in subsection (f) by striking ``$10,000,000'' and inserting 
    ``$30,000,000'';
        (2) by redesignating subsections (f) and (g) as subsections (g) 
    and (h), respectively; and
        (3) by inserting after subsection (e) the following:
    ``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
carried out under this section, a non-Federal interest may include a 
nonprofit entity, with the consent of the affected local government.''.
    Sec. 132. White River Basin, Arkansas.--(a) Minimum Flows.--
        (1) In general.--The Secretary is authorized and directed to 
    implement alternatives BS-3 and NF-7, as described in the White 
    River Minimum Flows Reallocation Study Report, Arkansas and 
    Missouri, dated July 2004.
        (2) Cost sharing and allocation.--Reallocation of storage and 
    planning, design and construction of White River Minimum Flows 
    project facilities shall be considered fish and wildlife 
    enhancement that provides national benefits and shall be a Federal 
    expense in accordance with section 906(e) of the Water Resources 
    Development Act of 1986 (33 U.S.C. 2283(e)). The non-Federal 
    interests shall provide relocations or modifications to public and 
    private lakeside facilities at Bull Shoals Lake and Norfork Lake to 
    allow reasonable continued use of the facilities with the storage 
    reallocation as determined by the Secretary in consultation with 
    the non-Federal interests. Operations and maintenance costs of the 
    White River Minimum Flows project facilities shall be 100 percent 
    Federal. All Federal costs for the White River Minimum Flows 
    project shall be considered non-reimbursable.
        (3) Impacts on non-federal project.--The Administrator of 
    Southwestern Power Administration, in consultation with the project 
    licensee and the relevant state public utility commissions, shall 
    determine any impacts on electric energy and capacity generated at 
    Federal Energy Regulatory Commission Project No. 2221 caused by the 
    storage reallocation at Bull Shoals Lake, based on data and 
    recommendations provided by the relevant state public utility 
    commissions. The licensee of Project No. 2221 shall be fully 
    compensated by the Corps of Engineers for those impacts on the 
    basis of the present value of the estimated future lifetime 
    replacement costs of the electrical energy and capacity at the time 
    of implementation of the White River Minimum Flows project. Such 
    costs shall be included in the costs of implementing the White 
    River Minimum Flows project and allocated in accordance with 
    subsection (a)(2) above.
        (4) Offset.--In carrying out this subsection, losses to the 
    Federal hydropower purpose of the Bull Shoals and Norfork Projects 
    shall be offset by a reduction in the costs allocated to the 
    Federal hydropower purpose. Such reduction shall be determined by 
    the Administrator of the Southwestern Power Administration on the 
    basis of the present value of the estimated future lifetime 
    replacement cost of the electrical energy and capacity at the time 
    of implementation of the White River Minimum Flows project.
    (b) Fish Hatchery.--In constructing, operating, and maintaining the 
fish hatchery at Beaver Lake, Arkansas, authorized by section 105 of 
the Water Resources Development Act of 1976 (90 Stat. 2921), losses to 
the Federal hydropower purpose of the Beaver Lake Project shall be 
offset by a reduction in the costs allocated to the Federal hydropower 
purpose. Such reduction shall be determined by the Administrator of the 
Southwestern Power Administration based on the present value of the 
estimated future lifetime replacement cost of the electrical energy and 
capacity at the time operation of the hatchery begins.
    (c) Repeal.--Section 374 of the Water Resources Development Act of 
1999 (113 Stat. 321) and section 304 of the Water Resources Development 
Act of 2000 (Public Law 106-541) are repealed.
    Sec. 133. Calcasieu Ship Channel, Louisiana. (a) In General.--At 
such time as Pujo Heirs and Westland Corporation convey all right, 
title, and interest in and to the real property described in paragraph 
(b)(1) to the United States, the Secretary shall convey all right, 
title, and interest of the United States in and to the real property 
described in paragraph (b)(2) to Pujo Heirs and Westland Corporation.
    (b) Land Description.--The parcels of land referred to in paragraph 
(a) are the following:
        (1) Non-federal interest in land.--An easement for placement of 
    dredged materials over a contiguous equivalent area to the real 
    property described in subparagraph (2). The parcels on which such 
    an easement may be exchanged is all of the area within the diked or 
    confined boundaries of the Corps of Engineers Dredge Material 
    Placement Area M comprising Tract 128E, Tract 129E, Tract 131E, 
    Tract 41A, Tract 42, Tract 132E, Tract 130E, Tract 134E, Tract 
    133E-3, Tract 140E, or some combination thereof.
        (2) Federal interest in land.--An easement for placement of 
    dredged materials over an area in Cameron Parish, Louisiana, known 
    as portions of Government Tract Numbers 139E-2 and 48 (both tracts 
    on the west shore of the Calcasieu Ship Channel), and other tracts 
    known as Corps of Engineers Dredge Material Placement Area O.
    (c) Conditions.--The exchange of real property under paragraph (1) 
shall be subject to the following conditions:
        (1) Deeds.--
            (A) Non-federal land.--The conveyance of the real property 
        described in paragraph (b)(1) to the Secretary shall be by a 
        warranty deed acceptable to the Secretary.
            (B) Federal land.--The conveyance of the real property 
        described in paragraph (b)(2) to Pujo Heirs and Westland 
        Corporation shall be by a quitclaim deed.
        (2) Time limit for exchange.--The land exchange under paragraph 
    (a) shall be completed not later than six months after the date of 
    enactment of this Act.
        (3) Incremental costs.--As determined by the Secretary, 
    incremental costs to the Lake Charles Harbor and Terminal District 
    associated with the preparation of the area and the placement of 
    dredge material in the new disposal easement area, paragraph 
    (b)(1), including, site preparation costs, associated testing, 
    permitting, mitigation and diking costs associated with such new 
    disposal easement over the costs that would have been incurred in 
    the placement of dredge material in the old disposal easement area, 
    paragraph (b)(2) (comprising all of Corps of Engineers Dredge 
    Material Placement Area O) up to the disposal capacity equivalent 
    of the property described in paragraph (b)(2), shall be made 
    available by the Owners. Owners shall make appropriated guarantees, 
    as agreed to by the Secretary, that funds will be available as 
    needed to cover such incremental costs. The Lake Charles Harbor and 
    Terminal District, as local sponsor for the Calcasieu Ship Channel 
    Project, shall not be assessed or caused to incur any costs arising 
    out of, associated with or as a consequence of the land exchange 
    authorized under paragraph (a).
    (d) Value of Properties.--If the appraised fair market value, as 
determined by the Secretary, of the real property conveyed to Pujo 
Heirs and Westland Corporation by the Secretary under paragraph (a) 
exceeds the appraised fair market value, as determined by the 
Secretary, of the real property conveyed to the United States by Pujo 
Heirs and Westland Corporation under paragraph (a), Pujo Heirs and 
Westland Corporation shall make a payment to the United States equal to 
the excess in cash or a cash equivalent that is satisfactory to the 
Secretary.
    Sec. 134. Project Modification.--(a) In General.--The project for 
flood damage reduction, environmental restoration, recreation, Johnson 
Creek, Arlington, Texas, authorized by section 101(b)(14) of the Water 
Resources Development Act of 1999 (113 Stat. 280-281) is modified--
        (1) to deauthorize the ecosystem restoration portion of the 
    project that consists of approximately 90 acres of land located 
    between Randol Mill and the Union Pacific East/West line; and
        (2) to authorize the Secretary of the Army to design and 
    construct an ecosystem restoration project on lands identified in 
    subsection (c) that will provide the same or greater level of 
    national ecosystem restoration benefits as the portion of the 
    project described in paragraph (1).
    (b) Credit Toward Federal Share.--The Secretary of the Army shall 
credit toward the Federal share of the cost of the modified project the 
costs incurred by the Secretary to carry out the project as originally 
authorized under section 101(b)(14) of the Water Resources Development 
Act of 1999 (113 Stat. 280). The non-Federal interest shall not be 
responsible for reimbursing the Secretary for any amount credited under 
this subsection.
    (c) Comparable Property.--Not later than 6 months after the date of 
enactment of this Act, the City of Arlington, Texas, shall identify 
lands, acceptable to the Secretary of the Army, amounting to not less 
than 90 acres within the City, where an ecosystem restoration project 
may be constructed to provide the same or greater level of National 
ecosystem restoration benefits as the land described in subsection 
(a)(1).
    Sec. 135. Funds made available in Public Law 105-62 and Public Law 
105-245 for Hudson River, Athens, New York, shall be available for 
projects in the Catskill/Delaware watersheds in Delaware and Greene 
Counties, New York, under the authority of the New York City Watershed 
Environmental Assistance Program.
    Sec. 136. None of the funds contained in title I of this Act shall 
be available to permanently reassign or to temporarily reassign in 
excess of 180 days personnel from the Charleston, South Carolina 
district office: Provided, That this limitation shall not apply to 
voluntary change of station.
    Sec. 137. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to design and construct 
until hereafter completed, the recreation and access features 
designated as Phase II of the Louisville Waterfront Park, Kentucky, as 
described in the Louisville Waterfront Park, Phases II and III, 
Detailed Project Report, by the Louisville District of the Corps of 
Engineers dated May 2002. The project shall be cost shared 50 percent 
Federal and 50 percent non-Federal. The cost of project work undertaken 
by the non-Federal interests, including but not limited to prior 
planning, design, and construction, shall be credited toward the non-
Federal share of project design and construction costs.
    Sec. 138. Akutan, Alaska.--(a) In General.--The Secretary of the 
Army is authorized to carry out the project for navigation, Akutan, 
Alaska, substantially in accordance with the plans, and subject to the 
conditions, described in the Report of the Chief of Engineers dated 
December 20, 2004, at a total cost of $19,700,000.
    (b) Treatment of Certain Dredging.--The headlands dredging for the 
mooring basin shall be considered a general navigation feature for 
purposes of estimating the non-Federal share of the cost of the 
project.
    Sec. 139. (a) In General.--The project for the beneficial use of 
dredged material at Poplar Island, Maryland, authorized by section 537 
of the Water Resources Development Act of 1996 (110 Stat. 3776) shall 
be known as and designated as the ``Paul S. Sarbanes Ecosystem 
Restoration Project at Poplar Island''.
    (b) Reference.--Any reference in a law, map, regulation, document, 
paper or other record of the United States (including reference by the 
Corps of Engineers) to the project referred to in subsection (a) shall 
be deemed to be a reference to the ``Paul S. Sarbanes Ecosystem 
Restoration Project at Poplar Island''.
    (c) Effective Date.--The project designation in this section shall 
become effective on January 4, 2007.

                                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, 
$883,514,000, to remain available until expended, of which $59,544,000 
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, 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 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 $500,000 of the funds provided herein shall be used on a 
non-reimbursible basis to fund the collection of technical and 
environmental data to be used to evaluate potential rehabilitation of 
the St. Mary Storage Unit facilities, Milk River Project, Montana, and 
that Reclamation shall enter into cooperative agreements with the State 
of Montana or the Blackfeet Tribe to carry out such work if the 
Secretary determines such agreements would be cost-effective and 
efficient.


                 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 Water Supply, 
Reliability, and Environmental Improvement 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: Provided further, 
That $500,000 shall be transferred to the Army Corps of Engineers to 
carry out the report on levee stability reconstruction projects and 
priorities authorized under section 103(f)(3) of Public Law 108-361.


                        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. (a) Section 1(a) of the Lower Colorado Water Supply Act 
(Public Law 99-655) is amended by adding at the end the following: 
``The Secretary is authorized to enter into an agreement or agreements 
with the city of Needles or the Imperial Irrigation District for the 
design and construction of the remaining stages of the Lower Colorado 
Water Supply Project on or after November 1, 2004, and the Secretary 
shall ensure that any such agreement or agreements include provisions 
setting forth: (1) the responsibilities of the parties to the agreement 
for design and construction; (2) the locations of the remaining wells, 
discharge pipelines, and power transmission lines; (3) the remaining 
design capacity of up to 5,000 acre-feet per year which is the 
authorized capacity less the design capacity of the first stage 
constructed; (4) the procedures and requirements for approval and 
acceptance by the Secretary of the remaining stages, including approval 
of the quality of construction, measures to protect the public health 
and safety, and procedures for protection of such stages; (5) the 
rights, responsibilities, and liabilities of each party to the 
agreement; and (6) the term of the agreement.''.
    (b) Section 2(b) of the Lower Colorado Water Supply Act (Public Law 
99-655) is amended by adding at the end the following: ``Subject to the 
demand of such users along or adjacent to the Colorado River for 
Project water, the Secretary is further authorized to contract with 
additional persons or entities who hold Boulder Canyon Project Act 
section 5 contracts for municipal and industrial uses within the State 
of California for the use or benefit of Project water under such terms 
as the Secretary determines will benefit the interest of Project users 
along the Colorado River.''.
    Sec. 204. 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. 205. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, 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 authorized to enter into grants or cooperative 
agreements with universities or non-profit research institutions to 
fund water use efficiency research.
    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 ``2006''; and
        (2) in paragraph (b) by striking ``2005'' and inserting in lieu 
    thereof ``2006''.
    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)(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.
    (d) For each day after June 30, 2006, on which the Bureau of 
Reclamation fails to comply with subsections (a), (b), and (c), the 
total amount made available for salaries and expenses of the Bureau of 
Reclamation shall be reduced by $100,000 per day.
    Sec. 209. (a) The Secretary of the Interior is authorized to 
complete a special report to update the analysis of costs and 
associated benefits of the Auburn-Folsom South Unit, Central Valley 
Project, California authorized under Federal reclamation laws and the 
Act of September 2, 1965, Public Law 89-161, 79 Stat. 615 in order to--
        (1) identify those project features that are still relevant;
        (2) identify changes in benefit values from previous analyses 
    and update to current levels;
        (3) identify design standard changes from the 1978 Reclamation 
    design which require updated project engineering;
        (4) assess risks and uncertainties associated with the 1978 
    Reclamation design;
        (5) update design and reconnaissance-level cost estimate for 
    features identified under paragraph (1); and
        (6) perform other analyses that the Secretary deems appropriate 
    to assist in the determination of whether a full feasibility study 
    is warranted.
    (b) There are authorized to be appropriated $1,000,000 to carry out 
this section. The cost of completing this update shall be non-
reimbursable.

                               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, $1,830,936,000, to remain 
available until expended.

                         Clean Coal Technology


                        (deferral and rescission)

    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: 
Provided further, That $20,000,000 of uncommitted balances is 
rescinded.

                 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), $597,994,000, 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, $50,000,000 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 for fiscal year 2006 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, $86,176,000, 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, 
$562,228,000, to be derived from the Fund, to remain available until 
expended, of which $20,000,000 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, $3,632,718,000, to remain available until expended.

                         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, $150,000,000, to remain available until 
expended, of which $100,000,000 shall be derived from the Nuclear Waste 
Fund: Provided, That of the funds made available in this Act for 
Nuclear Waste Disposal, $2,000,000 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 $7,500,000 shall be 
provided to affected units of local government, as defined in the Act, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That 7.5 percent of the funds provided 
shall be made available to affected units of local government in 
California with the balance made available to affected units of local 
government in Nevada for distribution as determined by the Nevada units 
of local government: Provided further, That notwithstanding the 
provisions of chapters 65 and 75 of title 31, the Department shall have 
no monitoring, auditing or other oversight rights or responsibilities 
over amounts provided to affected units of local government under this 
heading: 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 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: Provided further, That no 
funds provided in this Act may be used to pursue repayment or 
collection of funds provided in any fiscal year to affected units of 
local government for oversight activities that had been previously 
approved by the Department of Energy, or to withhold payment of any 
such funds.

                      Departmental Administration

    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, $252,817,000, 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 2006, and any related appropriated 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 $129,817,000: Provided further, That not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Energy shall submit to the Committee on Appropriations of 
the Senate and the Committee on Appropriations of the House of 
Representatives a report, in unclassified form but with a classified 
appendix if necessary, on the Department of Energy's plan to bring 
security for Building 3019 at the Oak Ridge National Laboratory, Oak 
Ridge, Tennessee, into full compliance with the Department's Design 
Basis Threat Policy: Provided further, That the report shall include--
        (1) a detailed description of any element of the Department's 
    Design Basis Threat Policy that is not to be fully addressed 
    throughout the remaining lifetime of Building 3019;
        (2) a detailed description of the security implementation plan, 
    including security personnel, perimeter detection capability, 
    response capabilities, use of security technology, and methods of 
    meeting physical standoff requirements;
        (3) a schedule with specific dates describing the milestones to 
    achieve compliance with the Department's Design Basis Threat 
    Policy;
        (4) a security management plan signed by the Secretary of 
    Energy specifying the program secretarial offices responsible for 
    implementing and funding the security program, including any 
    incremental funding requirements to upgrade security levels for the 
    period during the material handling and processing activities 
    leading to complete disposition of the stored inventory of special 
    nuclear material; and
        (5) the justification for failing to fully comply with the 
    Design Basis Threat Policy, if the Secretary does not intend to 
    implement a security program at Building 3019 that fully complies 
    with the Department's Design Basis Threat requirements for new, 
    continuing operations.

                    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, $42,000,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    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; $6,433,936,000, to remain available 
until expended: Provided, That $81,350,000 is authorized to be 
appropriated for Project 01-D-124 HEU materials facility, Y-12 Plant, 
Oak Ridge, Tennessee: Provided further, That $7,000,000 is authorized 
to be appropriated for Project 05-D-140 Project engineering and design 
(PED), various locations.

                    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, $1,631,151,000, 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, $789,500,000, 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, $341,869,000, 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, $6,192,371,000, 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; 
$641,998,000, 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, $350,000,000, 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; $233,992,000, to remain 
available until expended, of which $229,596,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $6,700,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That of the amount herein appropriated, $6,000,000 
shall be available until expended on a nonreimbursable basis to the 
Western Area Power Administration for Topock-Davis-Mead Transmission 
Line Upgrades: Provided further, 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. (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. 302. 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. 303. 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. 304. 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.
    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances 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. 306. 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. 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. 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. 309. 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 from 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. 310. 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. 311. 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 3 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: Provided further, That 
notwithstanding Department of Energy order 413.2A, dated January 8, 
2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 312. Of amounts appropriated to the Secretary of Energy for 
the Rocky Flats Environmental Technology Site for fiscal year 2006, the 
Secretary may provide, subject to authorization, up to $10,000,000 for 
the purchase of mineral rights at the Rocky Flats Environmental 
Technology Site.
    Sec. 313. Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 
2566) is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)(A), by striking ``2009'' each place it 
        appears and inserting ``2012''; and
            (B) in paragraph (3)--
                (i) in subparagraph (B)(ii), by striking ``2009'' and 
            inserting ``2012''; and
                (ii) in subparagraph (C), by striking ``2009'' and 
            inserting ``2012'';
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) by striking ``(a)(2)'' and inserting ``(g)''; and
                (ii) by striking ``2009'' and inserting ``2012'';
            (B) in paragraph (4), by striking ``2009'' each place it 
        appears and inserting ``2012''; and
            (C) in paragraph (5), by striking ``2009'' and inserting 
        ``2012'';
        (3) in subsection (c)--
            (A) in the matter preceding paragraph (1), by striking 
        ``2009'' and inserting ``2012'';
            (B) in paragraph (1), by striking ``2011'' and inserting 
        ``2014''; and
            (C) in paragraph (2), by striking ``2017'' each place it 
        appears and inserting ``2020'';
        (4) in subsection (d)--
            (A) in paragraph (1)--
                (i) by striking ``2011'' and inserting ``2014'';
                (ii) by striking ``from funds available to the 
            Secretary'' and inserting ``subject to the availability of 
            appropriations''; and
                (iii) by striking ``2016'' and inserting ``2019''; and
            (B) in paragraph (2)(A), by striking ``2017'' each place it 
        appears and inserting ``2020'';
        (5) in subsection (e), by striking ``2020'' and inserting 
    ``2023'';
        (6) by redesignating subsection (g) as subsection (h); and
        (7) by inserting after subsection (f) the following:
    ``(g) Baseline.--Not later than December 31, 2006, the Secretary 
shall submit to Congress a report on the construction and operation of 
the MOX facility that includes a schedule for revising the requirements 
of this section during fiscal year 2007 to conform with the schedule 
established by the Secretary for the MOX facility, which shall be based 
on estimated funding levels for the fiscal year.''.
    Sec. 314. Sales of Uranium.--(a) In General.--Notwithstanding any 
other provision of Federal law, including section 3112 of the USEC 
Privatization Act (42 U.S.C. 2297h-2) and section 3302 of title 31, 
United States Code, the Secretary of Energy is authorized to barter, 
transfer or sell uranium (including natural uranium concentrates, 
natural uranium hexafluoride, or in any form or assay) and to use any 
proceeds, without fiscal year limitation, to remediate uranium 
inventories held by the Secretary.
    (b) Additional Requirements.--Any barter, transfer or sale of 
uranium under subsection (a) shall to the extent possible, be 
competitive and comply with all applicable Federal procurement laws 
(including regulations); and shall not exceed 10 percent of the total 
annual fuel requirements of all licensed nuclear power plants located 
in the United States for uranium concentrates, uranium conversion, or 
uranium enrichment.
    Sec. 315. Section 130 of division H (Miscellaneous Appropriations 
and Offsets) of the Consolidated Appropriations Act, 2004, Public Law 
108-199, is hereby amended by striking ``is provided for the 
Coralville, Iowa, project'' and all that follows and inserting: ``is 
provided for the Iowa Environmental and Education project to be located 
in Iowa. No further funds may be disbursed by the Department of Energy 
until a one hundred percent non-Federal cash and in-kind match of the 
appropriated Federal funds has been secured for the project by the non-
Federal project sponsor: Provided, That the match shall exclude land 
donations: Provided further, That if the match is not secured by the 
non-Federal project sponsor by December 1, 2007, the remaining Federal 
funds shall cease to be available for the Iowa Environmental and 
Education project.''.

                                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, 
$65,472,000, 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, $50,000,000, to remain available until 
expended, nothwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     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, $46,118,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $617,182,000 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 $117,194,000: 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 PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in 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.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2006''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.