[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.