[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Public Print (PP)]
1st Session
H. R. 2419
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1 (legislative day, June 30), 2005
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>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:</DELETED>
<DELETED>TITLE I</DELETED>
<DELETED>CORPS OF ENGINEERS--CIVIL</DELETED>
<DELETED>DEPARTMENT OF THE ARMY</DELETED>
<DELETED>Corps of Engineers--Civil</DELETED>
<DELETED> 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 and storm damage
reduction, aquatic ecosystem restoration, and related
purposes.</DELETED>
<DELETED>General Investigations</DELETED>
<DELETED> For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood 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, $100,000,000 to
remain available until expended: Provided, That, except as provided in
section 101 of this Act, the amounts made available under this
paragraph shall be expended as authorized in law for the projects and
activities specified in the report accompanying this Act.</DELETED>
<DELETED>Construction</DELETED>
<DELETED> For expenses necessary for the construction of river and
harbor, flood 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); and for the
benefit of federally listed species to address the effects of civil
works projects owned or operated by the United States Army Corps of
Engineers, $1,763,000,000, 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 $182,668,000, 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; and of which $4,000,000 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 $1,000,000 shall be
exclusively for projects and activities authorized under section 103 of
the River and Harbor Act of 1962; and of which $25,000,000 shall be
exclusively available for projects and activities authorized under
section 205 of the Flood Control Act of 1948; and of which $8,000,000
shall be exclusively for projects and activities authorized under
section 14 of the Flood Control Act of 1946; and of which $400,000
shall be exclusively for projects and activities authorized under
section 208 of the Flood Control Act of 1954; and of which $17,400,000
shall be exclusively for projects and activities authorized under
section 1135 of the Water Resources Development Act of 1986; and of
which $18,000,000 shall be exclusively for projects and activities
authorized under section 206 of the Water Resources Act of 1996; and of
which $4,000,000 shall be exclusively for projects and activities
authorized under section 204 of the Water Resources Act of 1992:
Provided, That, except as provided in section 101 of this Act, the
amounts made available under this paragraph shall be expended as
authorized in law for the projects and activities specified in the
report accompanying this Act.</DELETED>
<DELETED> In addition, $137,000,000 shall be available for projects
and activities authorized under 16 U.S.C. 410-r-8 and section 601 of
Public Law 106-541.</DELETED>
<DELETED>Flood Control, Mississippi River and Tributaries, Arkansas,
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and
Tennessee</DELETED>
<DELETED> For expenses necessary for the flood damage reduction
program for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $290,000,000 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, except
as provided in section 101 of this Act, the amounts made available
under this paragraph shall be expended as authorized in law for the
projects and activities specified in the report accompanying this
Act.</DELETED>
<DELETED>Operation and Maintenance</DELETED>
<DELETED> 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 the benefit of federally listed species to address the effects of
civil works projects owned or operated by the United States Army Corps
of Engineers (the ``Corps''); for providing security for infrastructure
owned and operated by, or on behalf of, 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, $2,000,000,000 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, except as provided in section 101 of this
Act, the amounts made available under this paragraph shall be expended
as authorized in law for the projects and activities specified in the
report accompanying this Act.</DELETED>
<DELETED>Regulatory Program</DELETED>
<DELETED> For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$160,000,000, to remain available until expended.</DELETED>
<DELETED>Formerly Utilized Sites Remedial Action Program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>General Expenses</DELETED>
<DELETED> 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,
$152,021,000 to remain available until expended: Provided, That no part
of any other appropriation provided in 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.</DELETED>
<DELETED>Office of Assistant Secretary of the Army (Civil
Works)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED> 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.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>Corps of Engineers--Civil</DELETED>
<DELETED> Sec. 101. (a) None of the funds provided in title I of
this Act shall be available for obligation or expenditure through a
reprogramming of funds that--</DELETED>
<DELETED> (1) creates or initiates a new program, project,
or activity;</DELETED>
<DELETED> (2) eliminates a program, project, or
activity;</DELETED>
<DELETED> (3) increases funds or personnel for any program,
project, or activity for which funds are denied or restricted
by this Act;</DELETED>
<DELETED> (4) reduces funds that are directed to be used for
a specific program, project, or activity by this Act;</DELETED>
<DELETED> (5) increases funds for any program, project, or
activity by more than $2,000,000 or 10 percent, whichever is
less; or</DELETED>
<DELETED> (6) reduces funds for any program, project, or
activity by more than $2,000,000 or 10 percent, whichever is
less.</DELETED>
<DELETED> (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 Act of
1996, or section 204 of the Water Resources Act of 1992.</DELETED>
<DELETED> Sec. 102. None of the funds appropriated in this Act may
be used by the United States Army Corps of Engineers to support
activities related to the proposed Ridge Landfill in Tuscarawas County,
Ohio.</DELETED>
<DELETED> Sec. 103. None of the funds appropriated in this Act may
be used by the United States Army Corps of Engineers to support
activities related to the proposed Indian Run Sanitary Landfill in
Sandy Township, Stark County, Ohio.</DELETED>
<DELETED> Sec. 104. After February 6, 2006, 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 obligates the United States Government during fiscal year 2007 to
make payment under such contract for any project that is proposed for
deferral or suspension in fiscal year 2007 in the materials prepared by
the Assistant Secretary of the Army (Civil Works) for that fiscal year
pursuant to provisions of chapter 11 of title 31, United States
Code.</DELETED>
<DELETED> Sec. 105. 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 reserves an
amount for a project in excess of the amount appropriated for such
project pursuant to this Act.</DELETED>
<DELETED> Sec. 106. None of the funds in title I of this Act shall
be available for the rehabilitation and lead and asbestos abatement of
the dredge McFarland: Provided, That amounts provided in title I of
this Act are hereby reduced by $18,630,000.</DELETED>
<DELETED> Sec. 107. 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.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>DEPARTMENT OF THE INTERIOR</DELETED>
<DELETED>central utah project</DELETED>
<DELETED>Central Utah Project Completion Account</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Bureau of Reclamation</DELETED>
<DELETED>Water and Related Resources</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $832,000,000, to remain available until
expended, of which $55,544,000 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.</DELETED>
<DELETED>Central Valley Project Restoration Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>California Bay-Delta Restoration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For carrying out activities authorized by the Calfed Bay
Delta Authorization Act, consistent with plans to be approved by the
Secretary of the Interior, $35,000,000, 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.</DELETED>
<DELETED>Policy and Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED> 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.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>Department of the Interior</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>DEPARTMENT OF ENERGY</DELETED>
<DELETED>ENERGY PROGRAMS</DELETED>
<DELETED>Energy Supply and Conservation</DELETED>
<DELETED> 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, $1,762,888,000 (increased by
$1,000,000), to remain available until expended.</DELETED>
<DELETED>Clean Coal Technology</DELETED>
<DELETED>(deferral)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Fossil Energy Research and Development</DELETED>
<DELETED> 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), $502,467,000, 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 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.</DELETED>
<DELETED>Naval Petroleum and Oil Shale Reserves</DELETED>
<DELETED> For expenses necessary to carry out naval petroleum and
oil shale reserve activities, including the hire of passenger motor
vehicles, $18,500,000, 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.</DELETED>
<DELETED>Elk Hills School Lands Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Strategic Petroleum Reserve</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Energy Information Administration</DELETED>
<DELETED> For necessary expenses in carrying out the activities of
the Energy Information Administration, $86,426,000, to remain available
until expended.</DELETED>
<DELETED>Non-Defense Environmental Cleanup</DELETED>
<DELETED> 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,
$319,934,000, to remain available until expended.</DELETED>
<DELETED>Uranium Enrichment Decontamination and Decommissioning
Fund</DELETED>
<DELETED> 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,
$591,498,000, 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.</DELETED>
<DELETED>Science</DELETED>
<DELETED> 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, $3,666,055,000, to remain available until
expended.</DELETED>
<DELETED>Nuclear Waste Disposal</DELETED>
<DELETED> 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, $310,000,000, to remain available
until expended and to be derived from the Nuclear Waste Fund: Provided,
That of the funds made available in this Act for Nuclear Waste
Disposal, $3,500,000 shall be provided to the State of Nevada solely
for expenditures, other than salaries and expenses of State employees,
to conduct scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further, That
$7,000,000 shall be provided to affected units of local governments, as
defined in the Act, to conduct appropriate activities and participate
in licensing activities: Provided further, That the distribution of the
funds as determined by the units of local government shall be approved
by the Department of Energy: Provided further, That the funds for the
State of Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local government
by direct payment: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Nevada Division of
Emergency Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended for
activities authorized by the Act and this Act: Provided further, That
failure to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated may be:
(1) used directly or indirectly to influence legislative action on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the Act,
including but not limited to, any proceeds from the sale of assets,
shall be available without further appropriation and shall remain
available until expended.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $253,909,000
(reduced by $1,000,000), to remain available until expended, plus such
additional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended: Provided
further, That moneys received by the Department for miscellaneous
revenues estimated to total $123,000,000 in fiscal year 2006 may be
retained and used for operating expenses within this account, and may
remain available until expended, as authorized by section 201 of Public
Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of miscellaneous revenues received during fiscal year 2006, and
any related unappropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2006 appropriation from the general fund estimated at not more
than $130,909,000.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended, $43,000,000, to remain available until
expended.</DELETED>
<DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>
<DELETED>National Nuclear Security Administration</DELETED>
<DELETED>Weapons Activities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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; $6,181,121,000, to remain available
until expended.</DELETED>
<DELETED>Defense Nuclear Nonproliferation</DELETED>
<DELETED> 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, $1,500,959,000, to remain available until
expended.</DELETED>
<DELETED>Naval Reactors</DELETED>
<DELETED> For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $799,500,000, to
remain available until expended.</DELETED>
<DELETED>Office of the Administrator</DELETED>
<DELETED> 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,
$366,869,000, to remain available until expended.</DELETED>
<DELETED>ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES</DELETED>
<DELETED>Defense Environmental Cleanup</DELETED>
<DELETED> 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, $6,468,336,000, to
remain available until expended.</DELETED>
<DELETED>Other Defense Activities</DELETED>
<DELETED> 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;
$702,498,000, to remain available until expended.</DELETED>
<DELETED>Defense Nuclear Waste Disposal</DELETED>
<DELETED> 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, $351,447,000, to
remain available until expended.</DELETED>
<DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>
<DELETED>Bonneville Power Administration Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Operation and Maintenance, Southeastern Power
Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Operation and Maintenance, Southwestern Power
Administration</DELETED>
<DELETED> 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, $31,401,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $1,235,000
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.</DELETED>
<DELETED>Construction, Rehabilitation, Operation and Maintenance,
Western Area Power Administration</DELETED>
<DELETED> 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; $226,992,000, to remain
available until expended, of which $222,830,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, 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 $148,500,000 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.</DELETED>
<DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Energy Regulatory Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>DEPARTMENT OF ENERGY</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 302. None of the funds appropriated by this Act may
be used to--</DELETED>
<DELETED> (1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or</DELETED>
<DELETED> (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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>(transfers of unexpended balances)</DELETED>
<DELETED> Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of a covered nuclear
weapons research, development, testing or production facility to engage
in research, development, and demonstration activities with respect to
the engineering and manufacturing capabilities at such facility in
order to maintain and enhance such capabilities at such facility:
Provided, That of the amount allocated to a covered nuclear weapons
facility each fiscal year from amounts available to the Department of
Energy for such fiscal year for national security programs, not more
than an amount equal to 2 percent of such amount may be used for these
activities: Provided further, That for purposes of this section, the
term ``covered nuclear weapons facility'' means the
following:</DELETED>
<DELETED> (1) the Kansas City Plant, Kansas City,
Missouri;</DELETED>
<DELETED> (2) the Y-12 Plant, Oak Ridge,
Tennessee;</DELETED>
<DELETED> (3) the Pantex Plant, Amarillo, Texas;</DELETED>
<DELETED> (4) the Savannah River Plant, South Carolina;
and</DELETED>
<DELETED> (5) the Nevada Test Site.</DELETED>
<DELETED> Sec. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for fiscal year 2006.</DELETED>
<DELETED> Sec. 310. None of the funds made available in this Act may
be used to select a site for the Modern Pit Facility during fiscal year
2006.</DELETED>
<DELETED> Sec. 311. None of the funds made available in title III of
this Act shall be for the Department of Energy national laboratories
and production plants for Laboratory Directed Research and Development
(LDRD), Plant Directed Research and Development (PDRD), and Site
Directed Research and Development (SDRD) activities in excess of
$250,000,000.</DELETED>
<DELETED> Sec. 312. None of the funds made available in title III of
this Act shall be for Department of Energy Laboratory Directed Research
and Development (LDRD), Plant Directed Research and Development (PDRD),
and Site Directed Research and Development (SDRD) activities for
project costs incurred as Indirect Costs by Major Facility Operating
Contractors.</DELETED>
<DELETED> Sec. 313. None of the funds made available in title III of
this Act may be used to finance laboratory directed research and
development activities at Department of Energy laboratories on behalf
of other Federal agencies.</DELETED>
<DELETED> Sec. 314. None of the funds made available to the
Department of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee programs unless
specific provision is made for such programs in an appropriations
Act.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>INDEPENDENT AGENCIES</DELETED>
<DELETED>Appalachian Regional Commission</DELETED>
<DELETED> 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, $38,500,000, to remain available until
expended.</DELETED>
<DELETED>Defense Nuclear Facilities Safety Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Delta Regional Authority</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $6,000,000, to remain available until
expended.</DELETED>
<DELETED>Denali Commission</DELETED>
<DELETED> For expenses of the Denali Commission, $2,562,000, to
remain available until expended.</DELETED>
<DELETED>Nuclear Regulatory Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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), and purchase of
promotional items for use in the recruitment of individuals for
employment, $714,376,000, to remain available until expended: Provided,
That of the amount appropriated herein, $66,717,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $580,643,000 in fiscal year 2006 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2006 so
as to result in a final fiscal year 2006 appropriation estimated at not
more than $133,732,600: 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''.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Nuclear Waste Technical Review Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 503. None of the funds made available by this Act
shall be used by the Nuclear Regulatory Commission to contract with or
reimburse any Nuclear Regulatory Commission licensee or the Nuclear
Energy Institute with respect to matters relating to the security of
production facilities or utilization facilities (within the meaning of
the Atomic Energy Act of 1954).</DELETED>
<DELETED> Sec. 504. None of the funds made available by this Act may
be used before March 1, 2006, to enter into an agreement obligating the
United States to contribute funds to ITER, the international burning
plasma fusion research project in which the President announced United
States participation on January 30, 2003.</DELETED>
<DELETED> This Act may be cited as the ``Energy and Water
Development Appropriations Act, 2006''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, for energy and water development and for other
purposes, namely:
TITLE I--DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Chief of Engineers and the supervision of the Director of Civil
Works for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, shore protection and
storm damage reduction, aquatic ecosystem restoration, and related
purposes.
general investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection and storm damage reduction, aquatic ecosystem restoration,
and related projects, restudy of authorized projects, miscellaneous
investigations, and, when authorized by law, surveys and detailed
studies and plans and specifications of projects prior to construction,
$180,000,000, to remain available until expended.
construction, general
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those for development with participation or under
consideration for participation by States, local governments, or
private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,086,664,000, to remain available until expended, of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary pursuant to
Public Law 99-662 shall be derived from the Inland Waterways Trust
Fund, to cover one-half of the costs of construction and rehabilitation
of inland waterways projects, (including the rehabilitation costs for
Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock 27, Mississippi River, Illinois; and Lock and Dam 3, Mississippi
River, Minnesota) shall be derived from the Inland Waterways Trust
Fund: Provided, That using $15,000,000 of the funds appropriated
herein, the Chief of Engineers is directed to continue construction of
the Dallas Floodway Extension, Texas, project, including the Cadillac
Heights feature, generally in accordance with the Chief of Engineers
report dated December 7, 1999: Provided further, That the Chief of
Engineers is directed to use $2,000,000 of the funds provided herein to
continue construction of the Hawaii Water Management Project: Provided
further, That the Chief of Engineers is directed to use $13,000,000 of
the funds appropriated herein to continue construction of the
navigation project at Kaumalapau Harbor, Hawaii: Provided further, That
the Chief of Engineers is directed to use $4,000,000 of the funds
provided herein for the Dam Safety and Seepage/Stability Correction
Program to complete construction of seepage control features and
repairs to the tainter gates at Waterbury Dam, Vermont: Provided
further, That the Chief of Engineers is directed to use $9,500,000 of
the funds appropriated herein to proceed with planning, engineering,
design or construction of the Grundy, Buchanan County, and Dickenson
County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River Project: Provided further, That the
Chief of Engineers is directed to use $4,600,000 of the funds
appropriated herein to continue with the planning, engineering, design
or construction of the Lower Mingo County, Upper Mingo County, Wayne
County, McDowell County, West Virginia, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River Project:
Provided further, That the Chief of Engineers is directed to continue
the Dickenson County Detailed Project Report as generally defined in
Plan 4 of the Huntington District Engineer's Draft Supplement to the
section 202 General Plan for Flood Damage Reduction dated April 1997,
including all Russell Fork tributary streams within the County and
special considerations as may be appropriate to address the unique
relocations and resettlement needs for the flood prone communities
within the County: Provided further, That the Chief of Engineers is
directed to proceed with work on the permanent bridge to replace Folsom
Bridge Dam Road, Folsom, California, as authorized by the Energy and
Water Development Appropriations Act, 2004 (Public Law 108-137), and,
of the $12,000,000 available for the American River Watershed (Folsom
Dam Mini-Raise), California, project, up to $7,000,000 of those funds
be directed for the permanent bridge, with all remaining devoted to the
Mini-Raise: Provided further, That $300,000 is provided for the Chief
of Engineers to conduct a General Reevaluation Study on the Mount St.
Helens project to determine if ecosystem restoration actions are
prudent in the Cowlitz and Toutle watersheds for species that have been
listed as being of economic importance and threatened or endangered.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri,
as authorized by law, $433,336,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be derived
from the harbor maintenance trust fund: Provided, That the Chief of
Engineers, using $25,000,000 of the funds provided herein, is directed
to continue design and real estate activities and to initiate the pump
supply contract for the Yazoo Basin, Yazoo Backwater Pumping Plant,
Mississippi: Provided further, That the pump supply contract shall be
performed by awarding continuing contracts in accordance with 33 U.S.C.
621: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers is directed, with $10,000,000 appropriated
herein, to continue construction of water withdrawal features of the
Grand Prairie, Arkansas, project, of which such sums as are necessary
to cover the Federal share of operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance, general
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
providing security for infrastructure owned and operated by, or on
behalf of, the United States Army Corps of Engineers, including
administrative buildings and facilities, laboratories, and the
Washington Aqueduct; for the maintenance of harbor channels provided by
a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law; and for
surveys and charting of northern and northwestern lakes and connecting
waters, clearing and straightening channels, and removal of
obstructions to navigation, $2,100,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of operation and maintenance costs for coastal harbors and
channels, shall be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99-662 may be derived from that fund; of which
such sums as become available from the special account for the United
States Army Corps of Engineers established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and
of which such sums as become available under section 217 of the Water
Resources Development Act of 1996, Public Law 104-303, shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which fees have been collected: Provided, That
utilizing funds appropriated herein, for the Intracoastal Waterway,
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of
Engineers, is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of Delaware for
the SR1 Bridge from station 58+00 to station 293+00 between October 1,
2005, and September 30, 2006: Provided further, That the Chief of
Engineers is authorized to undertake, at full Federal expense, a
detailed evaluation of the Albuquerque levees for purposes of
determining structural integrity, impacts of vegetative growth, and
performance under current hydrological conditions: Provided further,
That using $275,000 provided herein, the Chief of Engineers is
authorized to remove the sunken vessel State of Pennsylvania from the
Christina River in Delaware.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to flood and hurricane emergencies, as
authorized by law, $43,000,000, to remain available until expended.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $150,000,000, to remain
available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
general expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys
Engineer Center Support Activity, the Institute for Water Resources,
the United States Army Engineer Research and Development Center, and
the United States Army Corps of Engineers Finance Center, $165,000,000,
to remain available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to
fund the civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management activities of the
division offices.
administrative provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
general provisions, corps of engineers--civil
Sec. 101. Beginning in fiscal year 2005 and thereafter, agreements
proposed for execution by the Assistant Secretary of the Army for Civil
Works or the United States Army Corps of Engineers after the date of
the enactment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64-291; section 11 of the River and
Harbor Act of 1925, Public Law 68-585; the Civil Functions
Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood
Control, Act of 1968, as amended, Public Law 90-483; sections 104, 203,
and 204 of the Water Resources Development Act of 1986, as amended,
Public Law 99-662; section 206 of the Water Resources Development Act
of 1992, as amended, Public Law 102-580; section 211 of the Water
Resources Development Act of 1996, Public Law 104-303; and any other
specific project authority, shall be limited to total credits and
reimbursements for all applicable projects not to exceed $100,000,000
in each fiscal year.
Sec. 102. None of the funds appropriated in this or any other Act
shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities
of the United States Army Corps of Engineers to other government
agencies without specific direction in a subsequent Act of Congress.
Sec. 103. St. Georges Bridge, Delaware. None of the funds made
available in this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
including a hearing or any other activity relating to preparation of an
environmental impact statement concerning the closure or removal.
Sec. 104. Within 75 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of the Army
(Civil Works) shall submit the report to the appropriate authorizing
and appropriating committees of the Congress.
Sec. 105. Within 90 days of the date of enactment of this Act, the
Assistant Secretary of the Army (Civil Works) shall transmit to
Congress his report on any water resources matter on which the Chief of
Engineers has reported.
Sec. 106. Section 123 of Public Law 108-137 (117 Stat. 1837) is
amended by striking ``in accordance with the Baltimore Metropolitan
Water Resources-Gwynns Falls Watershed Feasibility Report'' and all
that follows and inserting the following language in lieu thereof: ``in
accordance with the Baltimore Metropolitan Water Resources Gwynns Falls
Watershed Study-Draft Feasibility Report and Integrated Environmental
Assessment prepared by the Corps of Engineers and the City of
Baltimore, Maryland, dated April 2004.''.
Sec. 107. Marmet Lock, Kanawha River, West Virginia. Section
101(a)(31) of the Water Resources Development Act of 1996 (110 Stat.
3666), is amended by striking ``$229,581,000'' and inserting
``$358,000,000''.
Sec. 108. Lower Mud River, Milton, West Virginia. The project for
flood control at Milton, West Virginia, authorized by section 580 of
the Water Resources Development Act of 1996 (110 Stat. 3790), as
modified by section 340 of the Water Resources Development Act of 2000
(114 Stat. 2612), is modified to authorize the Chief of Engineers to
construct the project substantially in accordance with the draft report
of the Corps of Engineers dated May 2004, at an estimated total cost of
$45,500,000, with an estimated Federal cost of $34,125,000 and an
estimated non-Federal cost of $11,375,000.
Sec. 109. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available
by this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795)
and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
Sec. 110. Section 529(b)(3) of Public Law 106-541 is amended by
striking ``$10,000,000'' and inserting ``$20,000,000'' in lieu thereof.
Sec. 111. Yazoo Basin, Upper Yazoo Projects, Mississippi. The Yazoo
Basin Headwater Improvement, Mississippi, project authorized by the
Flood Control Act of 1928 (45 Stat. 534), as amended and modified, is
further modified to include the design and construction at full Federal
expense of such measures as determined by the Chief of Engineers to be
advisable for the control of bank erosion along the Yazoo River and
including, but not limited to, the following tributaries and watersheds
of the Yazoo River: Tallahatchie River, Coldwater River (below
Arkabutla Dam), Bear Creek Diversion, Yalobusha River (below Grenada
Dam), Little Tallahatchie River (below Sardis Dam), Yocona River (below
Enid Dam), Tchula Lake, Cassidy Bayou, Bobo Bayou Area, Arkabutla
Canal, Ascalmore-Tippo Creek, David-Burrell Bayou, McKinney Bayou, Lake
Cormorant Area, Hurricane Bayou, Opossum Bayou, Chicopa Creek, Hillside
Floodway, Bear Creek, Alligator-Catfish Bayou, Rocky Bayou, Whiteoak
Bayou, Potacocowa Creek, Tillatoba Creek, Teoc Creek, Big Sand Creek,
Chicopa Creek, and miscellaneous ditches.
Sec. 112. Lower Mississippi River Museum and Riverfront
Interpretive Site, Mississippi. The Water Resources Development Act of
1992 (106 Stat. 4811) is amended by--
(1) in section 103(c)(2) by striking ``property currently
held by the Resolution Trust Corporation in the vicinity of the
Mississippi River Bridge'' and inserting ``riverfront
property''; and
(2) in section 103(c)(7)--
(A) by striking ``There is'' and inserting the
following: ``(A) In general.--There is''; and
(B) by striking ``$2,000,000'' and all that follows
and inserting the following: ``$15,000,000 to plan,
design, and construct generally in accordance with the
conceptual plan to be prepared by the Corps of
Engineers.
``(B) Funding.--The planning, design, and
construction of the Lower Mississippi River Museum and
Riverfront Interpretive Site shall be carried out using
funds appropriated as part of the Mississippi River
Levees feature of the Mississippi River and Tributaries
Project, authorized by the Act of May 15, 1928 (45
Stat. 534, chapter 569).''.
Sec. 113. Public Law 106-53. Section 593(h) (113 Stat. 381) is
modified by striking ``$25,000,000'' and inserting ``$50,000,000''.
Sec. 114. The project for navigation, Los Angeles Harbor,
California, authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577) is modified to authorize the
Chief of Engineers to carry out the project at a total cost of
$222,000,000.
Sec. 115. Missouri and Middle Mississippi Rivers Enhancement
Project. (a) Section 514 of the Water Resources Development Act of 1999
is amended by inserting after subsection (e):
``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
Regional or National nonprofit entity with the consent of the affected
local government.
``(g) Cost Limitation.--Not more than $5,000,000 in Federal funds
may be allotted under this section for a project at any single
locality.''; and
(b) renumbering the succeeding subsections accordingly.
Sec. 116. Section 514(f)(1) of the Water Resources Development Act
of 1999 (Public Law 106-53) is amended by adding at the end of the
sentence before the period ``which may be in cash, by the provision of
lands, easements, rights-of-way, relocations or disposal areas, by in-
kind services to implement the project, or by any combination of the
foregoing. Land needed for a project under this authority may remain in
private ownership subject to easements satisfactory to the Secretary
necessary to assure achievement of the project purposes''.
Sec. 117. Section 514(g) of the Water Resources Development Act of
1999 (Public Law 106-53) is amended by striking the words ``for the
period of fiscal years 2000 and 2001'' and inserting in lieu thereof
``per year, and such authority shall extend until Federal fiscal year
2015''.
Sec. 118. Missouri River Levee System, Unit L-15 Levee, Missouri.
The portion of the L-15 levee system which is under the jurisdiction of
the Consolidated North County Levee District and which is situated
along the right descending bank of the Mississippi River from its
confluence with the Missouri River and running upstream approximately
14 miles shall be considered to be a Federal levee for purposes of cost
sharing under 33 U.S.C. 701n.
Sec. 119. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b)
of the Water Resources Development Act of 1999 (Public Law 106-53) and
section 108(d) of title I of division B of the Miscellaneous
Appropriations Act, 2001 (as enacted by Public Law 106-554; 114 Stat.
2763A-220), is further amended by adding at the end the following:
``(72) Alpine, california.--$10,000,000 is authorized for a
water transmission main, Alpine, CA.''.
Sec. 120. Section 214(a) of Public Law 106-541 is amended by
striking ``2005'' and inserting ``2006''.
Sec. 121. Middle Rio Grande Endangered Species Collaborative
Program, New Mexico. The Secretary of the Army may carry out projects
that comply with the Reasonable and Prudent Alternative of the 2003
Biological Opinion required by section 205(b) of Public Law 108-447
(118 Stat. 2949) referring to the Biological and Conference Opinions on
the Effects of Actions Associated with the Programmatic Biological
Assessment of Bureau of Reclamation's Water and River Maintenance
Operations, Army Corps of Engineers' Flood Control Operation, and
Related Non-Federal Actions on the Middle Rio Grande, New Mexico and
other recovery measures for the Rio Grande Silvery Minnow or the
Southwest Willow Flycatcher, including recommendations provided by the
Endangered Species Act Collaborative Program as established in Public
Law 108-137 section 209(b) (117 Stat. 1850). All project undertaken
under this subsection shall be subject to a 75 percent Federal/25
percent non-Federal cost share. The non-Federal cost share for all
projects carried out under this program may be provided through in-kind
services or direct cash contributions and shall include provision of
necessary land, easements, relocations and disposal sites. Non-Federal
cost share shall be credited on a programmatic basis instead of on a
project-by-project basis with reconciliation of total project costs and
total non-Federal cost share on a 3 year incremental basis. Over
contribution of non-Federal cost share shall be credited to subsequent
years. In lieu of individual Project Cooperation Agreements, the
Secretary shall enter into Memoranda of Agreement with participants in
the Middle Rio Grande Endangered Species Collaborative Program in order
to establish relative contribution of non-Federal cost share by each
participant, implement projects, and streamline administrative
procedures.
Sec. 122. Bluestone, West Virginia. Section 547 of the Water
Resources Development Act of 2000 (114 Stat. 2676) is amended--
(1) in subsection (b)(1)(A) by striking ``4 years'' and
inserting ``5 years'';
(2) in subsection (b)(1)(B)(iii) by striking ``if all'' and
all that follows through ``facility'' and inserting ``assurance
project'';
(3) in subsection (b)(1)(C) by striking ``and
construction'' and inserting ``, construction, and operation
and maintenance'';
(4) by adding at the end of subsection (b) the following:
``(3) Operation and ownership.--The Tri-Cities Power
Authority shall be the owner and operator of the hydropower
facilities referred to in subsection (a).'';
(5) in subsection (c)(1)--
(A) by striking ``No'' and inserting ``Unless
otherwise provided, no'';
(B) by inserting ``planning,'' before ``design'';
and
(C) by striking ``prior to'' and all that follows
through ``subsection (d)'';
(6) in subsection (c)(2) by striking ``design'' and
inserting ``planning, design,'';
(7) in subsection (d)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Approval.--The Secretary shall review the design and
construction activities for all features of the hydroelectric
project that pertain to and affect stability of the dam and
control the release of water from Bluestone Dam to ensure that
the quality of construction of those features meets all
standards established for similar facilities constructed by the
Secretary.'';
(B) by redesignating paragraph (3) as paragraph
(2);
(C) by striking the period at the end of paragraph
(2) (as so redesignated) and inserting ``, except that
hydroelectric power is no longer a project purpose of
the facility so long as Tri-Cities Power Authority
continues to exercise its responsibilities as the
builder, owner, and operator of the hydropower
facilities at Bluestone Dam. Water flow releases and
flood control from the hydropower facilities shall be
determined and directed by the Corps of Engineers.'';
and
(D) by adding at the end the following:
``(3) Coordination.--Construction of the hydroelectric
generating facilities shall be coordinated with the dam safety
assurance project currently in the design and construction
phases.'';
(8) in subsection (e) by striking ``in accordance'' and all
that follows through ``58 Stat. 890)'';
(9) in subsection (f)--
(A) by striking ``facility of the interconnected
systems of reservoirs operated by the Secretary'' each
place it appears and inserting ``facilities under
construction under such agreements''; and
(B) by striking ``design'' and inserting
``planning, design'';
(10) in subsection (f)(2)--
(A) by ``Secretary'' each place it appears and
inserting ``Tri-Cities Power Authority''; and
(B) by striking ``facilities referred to in
subsection (a)'' and inserting ``such facilities'';
(11) by striking paragraph (1) of subsection (g) and
inserting the following:
``(1) to arrange for the transmission of power to the
market or to construct such transmission facilities as
necessary to market the power produced at the facilities
referred to in subsection (a) with funds contributed by the
Tri-Cities Power Authority; and'';
(12) in subsection (g)(2) by striking ``such facilities''
and all that follows through ``the Secretary'' and inserting
``the generating facility''; and
(13) by adding at the end the following:
``(i) Tri-Cities Power Authority Defined.--In this section, the
`Tri-Cities Power Authority' refers to the entity established by the
City of Hinton, West Virginia, the City of White Sulphur Springs, West
Virginia, and the City of Philippi, West Virginia, pursuant to a
document entitled `Second Amended and Restated Intergovernmental
Agreement' approved by the Attorney General of West Virginia on
February 14, 2002.''.
Sec. 123. The portion of the project for navigation, City Waterway,
Tacoma, Washington authorized by the first section of the Act of June
13, 1902 (32 Stat. 347), consisting of the last 1,000 linear feet of
the inner portion of the Waterway beginning at Station 70+00 and ending
at Station 80+00, is not authorized.
Sec. 124. The Chief of Engineers shall define the repairs made at
Fern Ridge Dam as a dam safety project and costs shall be recovered in
accordance with Section 1203 of the Water Resources Development Act of
1986: Provided, That costs assigned to irrigation will be recovered by
the Secretary of the Interior in accordance with Public Law 98-404.
Sec. 125. The Chief of Engineers is directed to fully utilize the
Federal dredging fleet in support of all Army Corps of Engineers
missions and no restrictions shall be placed on the use or maintenance
of any dredge in the Federal Fleet.
Sec. 126. The Chief of Engineers is directed to maintain the
Federal dredging fleet to technologically modern and efficient
standards.
Sec. 127. Lake Champlain Canal Dispersal Barrier, Vermont and New
York. The Chief of Engineers shall determine, at full Federal expense,
the feasibility of a dispersal barrier project at the Lake Champlain
Canal: Provided, That if the Chief determines that the project is
feasible, the Chief shall construct, maintain, and operate a dispersal
barrier at the Lake Champlain Canal at full Federal expense.
Sec. 128. Of funds made available to carry out section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a), the Chief of
Engineers may use $1,500,000 for sea lamprey barrier construction in
the Great Lakes.
Sec. 129. $150,000 may be provided for Saco River and Camp Ellis
Beach, Maine, continuing authorities project.
Sec. 130. $2,000,000 may be provided for maintenance dredging of
the Narragaugus River, Milbridge, Maine.
Sec. 131. $100,000 may be provided for the Penobscot River
Restoration Study, Maine.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $32,614,000, to remain available until expended, of
which $946,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,736,000,
to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$899,569,000, to remain available until expended, of which $63,544,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $21,998,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which not more than
$500,000 is for high priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided
further, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That $500,000 is provided to the Bureau
of Reclamation to advance the Snyderville Basin Water Supply Study
Special Report to a Feasibility Level Study and NEPA compliance for the
purpose of providing water to Park City and the Snyderville Basin,
Utah, as a component of the Weber Basin Project: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That funds available
for expenditure for the Departmental Irrigation Drainage Program may be
expended by the Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That, of the funds appropriated
under this heading, the Secretary of the Army, acting through the Chief
of Engineers, shall use not less than $200,000 to initiate
preconstruction engineering and design activities for modifications to
Laupahoehoe Harbor, Hawaii.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $52,219,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfer of funds)
For carrying out activities authorized by the Calfed Bay Delta
Authorization Act, consistent with plans to be approved by the
Secretary of the Interior, $37,000,000, to remain available until
expended, of which such amounts as may be necessary to carry out such
activities may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to
the approval of the Secretary of the Interior: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $57,917,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 203. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 204. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, hereafter is authorized to
enter into grants, cooperative agreements, and other agreements with
irrigation or water districts and States to fund up to 50 percent of
the cost of planning, designing, and constructing improvements that
will conserve water, increase water use efficiency, or enhance water
management through measurement or automation, at existing water supply
projects within the States identified in the Act of June 17, 1902, as
amended, and supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in advance on a
non-reimbursable basis to an entity operating affected transferred
works or may be deemed non-reimbursable for non-transferred works:
Provided further, That the calculation of the non-Federal contribution
shall provide for consideration of the value of any in-kind
contributions, but shall not include funds received from other Federal
agencies: Provided further, That the cost of operating and maintaining
such improvements shall be the responsibility of the non-Federal
entity: Provided further, That this section shall not supercede any
existing project-specific funding authority: Provided further, That the
Secretary is also hereafter authorized to enter into grants or
cooperative agreements with universities or non-profit research
institutions to fund water use efficiency research.
Sec. 205. Rio Grande Collaborative Water Operations Team. The
Secretary of the Interior, acting through the Commissioner of the
Bureau of Reclamation, and the Secretary of the Army, acting through
the Army Corps of Engineers, shall jointly lead and may enter into
agreements with other Federal, State, and non-Federal entities with
water rights in the Rio Grande Basin to form a Collaborative Water
Operations Team in order to cooperate on water management and riparian
actions in order to optimize the supply of water throughout the basin
and meet other Federal obligations. The Rio Grande Collaborative Water
Operations Team shall undertake to develop a master plan for the Rio
Grande River and its tributaries within the State of New Mexico that
integrates all Federal actions and where possible considers all non-
Federal actions for water management including improvement of
agriculture efficiency, environmental restoration and management,
ecological improvements and management, scientific investigations,
flood control, recreation development and similar water and land
management efforts.
Sec. 206. Water Desalination Act. Section 8 of Public Law 104-298
(The Water Desalination Act of 1996) (110 Stat. 3624) as amended by
section 210 of Public Law 108-7 (117 Stat. 146) and by section 6015 of
Public Law 109-13 is amended by--
(1) in paragraph (a) by striking ``2005'' and inserting in
lieu thereof ``2010''; and
(2) in paragraph (b) by striking ``2005'' and inserting in
lieu thereof ``2010''.
Sec. 207. Section 17(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 as amended (Public Law 100-585, 102 Stat. 2973;
Public Law 106-554, 114 Stat. 2763A-266) is amended by striking
``within 7 years'' and all that follows through ``following the date of
enactment of this section'' and inserting ``for each of fiscal years
2006 through 2012''.
Sec. 208. (a) Notwithstanding section 217(a)(3) of the Energy and
Water Development Appropriations Act, 2004 (Public Law 108-137; 117
Stat. 1853), and in accordance with section 804(f) of title VIII of the
Clark County Conservation of Public Land and Natural Resources Act of
2002 (Public Law 107-282; 116 Stat. 2016), the State of Nevada shall
not be responsible for any of the payments described in section 804(b)-
(e) of title VIII of Public Law 107-282 associated with the conveyance
of the Humboldt Project. The State of Nevada shall be subject to the
reconveyance provisions contained in the last sentence of section
804(f).
(b)(1) Using amounts made available under section 2507 of the Farm
and Security Rural Investment Act of 2002 (Public Law 107-171, Title
II, Subtitle F; 116 Stat. 275), the Secretary of the Interior, acting
through the Commissioner of Reclamation, may expend up to $1,000,000 to
cover both the Secretary's share and the State of Nevada's share of the
following costs provided by section 804(c)-(e) of Public Law 107-282
incurred by the conveyance of the State of Nevada's share of the
Humboldt Project:
(A) administrative costs;
(B) real estate transfer costs; and
(C) the costs associated with complying with--
(i) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(ii) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(2) The amounts appropriated by this section shall be in addition
to the $270,000 appropriated by section 217(a)(3) of Public Law 108-
137.
Sec. 209. (a)(1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary shall provide not more than
$70,000,000 to the University of Nevada--
(A) to acquire from willing sellers land, water appurtenant
to the land, and related interests in the Walker River Basin,
Nevada; and
(B) to establish and administer an agricultural and natural
resources center, the mission of which shall be to undertake
research, restoration, and educational activities in the Walker
River Basin relating to--
(i) innovative agricultural water conservation;
(ii) cooperative programs for environmental
restoration;
(iii) fish and wildlife habitat restoration; and
(iv) wild horse and burro research and adoption
marketing.
(2) In acquiring interests under paragraph (1)(A), the University
of Nevada shall make acquisitions that the University determines are
the most beneficial to--
(A) the establishment and operation of the agricultural and
natural resources research center authorized under paragraph
(1)(B); and
(B) environmental restoration in the Walker River Basin.
(b)(1) Using amounts made available under section 2507 of the Farm
and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public
Law 107-171), the Secretary shall provide not more than $10,000,000 for
a water lease and purchase program for the Walker River Paiute Tribe.
(2) Water acquired under paragraph (1) shall be--
(A) acquired only from willing sellers;
(B) designed to maximize water conveyances to Walker Lake;
and
(C) located only within the Walker River Paiute Indian
Reservation.
(c) Using amounts made available under section 2507 of the Farm and
Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law
107-171), the Secretary, acting through the Commissioner of
Reclamation, shall provide--
(1) $10,000,000 for tamarisk eradication, riparian area
restoration, and channel restoration efforts within the Walker
River Basin that are designed to enhance water delivery to
Walker Lake, with priority given to activities that are
expected to result in the greatest increased water flows to
Walker Lake; and
(2) $5,000,000 to the United States Fish and Wildlife
Service, the Walker River Paiute Tribe, and the Nevada Division
of Wildlife to undertake activities, to be coordinated by the
Director of the United States Fish and Wildlife Service, to
complete the design and implementation of the Western Inland
Trout Initiative and Fishery Improvements in the State of
Nevada with an emphasis on the Walker River Basin.
Sec. 210. Norman, Oklahoma. (a) Authorization to Conduct
Feasibility Study.--
(1) Feasibility study.--In accordance with Federal
reclamation law, the Secretary of the Interior (referred to as
``Secretary''), acting through the Bureau of Reclamation and in
consultation with the State of Oklahoma, Central Oklahoma
Master Conservancy District (referred to as ``District''), and
other interested local entities, is authorized to conduct a
study to determine the feasibility of:
(A) implementing water augmentation alternatives
that would provide additional water to meet the future
needs of the District's member cities and surrounding
area;
(B) making use of existing Norman Project
infrastructure to store, regulate and deliver water to
meet current and future water demands; and
(C) increasing the capacity of existing Norman
Project infrastructure in order to meet the projected
demands.
(2) Cost sharing.--The Federal share of the cost of the
study authorized in this Act shall not exceed 50 percent of the
total cost of the study, and shall be non-reimbursable.
(3) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the State of Oklahoma
and other appropriate entities to complete the feasibility
study authorized in this Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as are necessary to carry out
the Federal share under subsection (a).
Sec. 211. Section 207 of Division C of Public Law 108-447 is
amended by inserting ``, and any effects of inflation thereon,'' after
the word ``increase''.
TITLE III--DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply and Conservation
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply and energy conservation activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,945,330,000, to remain
available until expended.
Clean Coal Technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $257,000,000 shall not be available until October 1, 2006:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
Clean Cities Program
Funding for the Clean Cities program may be provided at no less
than the current year level. Within the Clean Cities program, funding
for work to expand E-85 fueling capacity may also be maintained at no
less than the current year level.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning of
uniforms, the reimbursement to the General Services Administration for
security guard services, and for conducting inquiries, technological
investigations and research concerning the extraction, processing, use,
and disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $641,646,000, to
remain available until expended, of which $18,000,000 is to continue a
multi-year project coordinated with the private sector for FutureGen,
without regard to the terms and conditions applicable to clean coal
technological projects: Provided, That the initial planning and
research stages of the FutureGen project shall include a matching
requirement from non-Federal sources of at least 20 percent of the
costs: Provided further, That any demonstration component of such
project shall require a matching requirement from non-Federal sources
of at least 50 percent of the costs of the component: Provided further,
That of the amounts provided, $100,000,000 is available, after
coordination with the private sector, for a request for proposals for a
Clean Coal Power Initiative providing for competitively-awarded
research, development, and demonstration projects to reduce the
barriers to continued and expanded coal use: Provided further, That no
project may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That funds shall be
expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C.
5903d as well as those contained under the heading ``Clean Coal
Technology'' in prior appropriations: Provided further, That the
Department may include provisions for repayment of Government
contributions to individual projects in an amount up to the Government
contribution to the project on terms and conditions that are acceptable
to the Department including repayments from sale and licensing of
technologies from both domestic and foreign transactions: Provided
further, That such repayments shall be retained by the Department for
future coal-related research, development and demonstration projects:
Provided further, That any technology selected under this program shall
be considered a Clean Coal Technology, and any project selected under
this program shall be considered a Clean Coal Technology Project, for
the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title
40 of the Code of Federal Regulations: Provided further, That no part
of the sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to the
National Energy Technology Laboratory may be used to support Department
of Energy activities not included in this account: Provided further,
That salaries for Federal employees performing research and development
activities at the National Energy Technology Laboratory can continue to
be funded from program accounts: Provided further, That the Secretary
of Energy is authorized to accept fees and contributions from public
and private sources, to be deposited in a contributed funds account,
and prosecute projects using such fees and contributions in cooperation
with other Federal, State, or private agencies or concerns: Provided
further, That revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated under the
Fossil Energy Research and Development account may be retained by the
Secretary of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$21,500,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Elk Hills School Lands Fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $48,000,000, for payment to the State of California for
the State Teachers' Retirement Fund, of which $46,000,000 will be
derived from the Elk Hills School Lands Fund.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles,
the hire, maintenance, and operation of aircraft, the purchase, repair,
and cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, $166,000,000, to remain
available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $85,926,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed six
passenger motor vehicles, of which five shall be for replacement only,
$353,219,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, as amended,
and title X, subtitle A, of the Energy Policy Act of 1992,
$561,498,000, to be derived from the Fund, to remain available until
expended, of which $0 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed forty-seven passenger motor
vehicles for replacement only, including not to exceed one ambulance
and two buses, $3,702,718,000, to remain available until expended:
Provided, That $250,055,000 is appropriated for the Advanced Scientific
Computing Research: Provided further, That $43,000,000 may be provided
to the Center for Computational Sciences at Oak Ridge National
Laboratory: Provided further, That $500,000 may be provided to the
Medical University of South Carolina: Provided further, That $500,000
may be provided to the Community College of Southern Nevada
Transportation Academy: Provided further, That $3,000,000 may be
provided to South Dakota State University.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
(the ``Act''), including the acquisition of real property or facility
construction or expansion, $300,000,000, to remain available until
expended and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$3,500,000 shall be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State employees, to
conduct scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further, That
notwithstanding the lack of a written agreement with the State of
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982,
Public Law 97-425, as amended, not less than $500,000 shall be provided
to Nye County, Nevada, for on-site oversight activities under section
117(d) of that Act: Provided further, That $8,500,000 shall be provided
to affected units of local governments, as defined in the Act, to
conduct appropriate activities and participate in licensing activities:
Provided further, That the distribution of the funds as determined by
the units of local government shall be approved by the Department of
Energy: Provided further, That the funds for the State of Nevada shall
be made available solely to the Nevada Division of Emergency Management
by direct payment and units of local government by direct payment:
Provided further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and the
Governor of the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds expended from
such payments have been expended for activities authorized by the Act
and this Act: Provided further, That failure to provide such
certification shall cause such entity to be prohibited from any further
funding provided for similar activities: Provided further, That none of
the funds herein appropriated may be: (1) used directly or indirectly
to influence legislative action on any matter pending before Congress
or a State legislature or for lobbying activity as provided in 18
U.S.C. 1913; (2) used for litigation expenses; or (3) used to support
multi-State efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Act, including but not limited to, any
proceeds from the sale of assets, shall be available without further
appropriation and shall remain available until expended.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $35,000, $280,976,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2006 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 2006, and any related unappropriated
receipt account balances remaining from prior years' miscellaneous
revenues, so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $157,976,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $43,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed 40 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,574,024,000 to remain available
until expended: Provided, that the $65,564,000 is authorized to be
appropriated for Project 01-D-108, Microsystems and Engineering Science
Applications (MESA), Sandia National Laboratories, Albuquerque, New
Mexico: Provided further, that $65,000,000 is authorized to be
appropriated for Project 04-D-125, Chemistry and Metallurgy Research
Building Replacement project, Los Alamos Laboratory, Los Alamos, New
Mexico.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense
nuclear nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,729,066,000 to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $799,500,000, to
remain available until expended.
Office of The Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $343,869,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,366,771,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed ten passenger motor
vehicles for replacement only, including not to exceed two buses;
$645,001,000, to remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $277,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2006, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,600,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$32,713,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southwestern power
administration, $30,166,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $3,000,000
collected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase power
and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $240,757,000, to remain
available until expended, of which $236,596,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding the provision of 31 U.S.C. 3302, up to $279,000,000
collected by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$220,400,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $220,400,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2006 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2006 so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 302. None of the funds appropriated by this Act may be used to
augment the funds made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department
of Energy submits a reprogramming request to the appropriate
congressional committees.
Sec. 303. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 304. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 305. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 306. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2006 or any previous fiscal year may
be used to make payments for a noncompetitive management and operating
contract unless the Secretary of Energy has published in the Federal
Register and submitted to the Committees on Appropriations of the House
of Representatives and the Senate a written notification, with respect
to each such contract, of the Secretary's decision to use competitive
procedures for the award of the contract, or to not renew the contract,
when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of
Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory,
and Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
significant extension or expansion to an existing management and
operating contract, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case basis,
a waiver to allow for such a deviation. The Secretary may not delegate
the authority to grant such a waiver. At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Committees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
Sec. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input from
universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear weapons
research, development, testing or production facility to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such facility in order to
maintain and enhance such capabilities at such facility: Provided, That
of the amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an amount
equal to 4 percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term ``covered
nuclear weapons facility'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for fiscal year 2006.
Sec. 310. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this
Act, or is generated after such date. For the purpose of this section,
the material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residue; (3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact Statement on
Management of Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 311. Advanced Simulation Computing. None of the funds
appropriated by this Act for the National Nuclear Security
Administration (NNSA) Advanced Simulation and Computing program may be
used to fund any project that does not directly support the stockpile
stewardship mission of NNSA unless the NNSA Administrator determines
that all Advanced Simulation and Computing stockpile stewardship
responsibilities for fiscal year 2006 have been satisfied.
Sec. 312. Reno Hydrogen Fuel Project Funding. (a) The non-Federal
share of project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration Sections
5307, 5308, 5309, and 5314 program, including the non-Federal share for
the FTA funds, is an eligible component of the non-Federal share for
this project.
(c) Contribution of the non-Federal share of project costs for all
grants made for this project may be deferred until the entire project
is completed.
(d) All operations and maintenance costs associated with vehicles,
equipment, and facilities utilized for this project are eligible
project costs.
(e) This section applies to project appropriations beginning in
fiscal year 2004.
Sec. 313. Laboratory Directed Research and Development. Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operator operated laboratories funded in
this Act or subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not to exceed 8
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may
also authorize a specific amount not to exceed 4 percent of such funds,
to be used by the plant manager of a covered nuclear weapons production
plant or the manager of the Nevada Site Office for plant or site-
directed research and development.
Sec. 314. LDRD Eligibility. Funds made available in Title III of
this Act shall be available to pay expenses for all Lab Directed
Research and Development (LDRD), Plant Directed Research and
Development (PDRD) and Site Directed Research and Development (SDRD)
project costs incurred by DOE Major Facility Operating Contractors.
Sec. 315. LDRD Costs. Funds made available in Title III of this Act
shall be available to finance all direct and indirect costs of research
performed on behalf of other Federal agencies, including laboratory
directed research and development costs.
Sec. 316. NNSA Complex Review Implementation. No funds provided in
this Act shall be available to implement reforms identified in
Secretary of Energy's Advisory Board NNSA Nuclear Weapons Complex
Infrastructure Study that had not been requested within the fiscal year
2006 budget request.
Sec. 317. That the Committee directs the Government Accountability
Office to undertake a study of the Office of Science Fusion Energy
program in order to define the roles of the major domestic facilities,
DIIID, Alcator C-Mod, and NSTX in the support of the International
Thermoelectric Reactor program, including making recommendations that
may include the possible shutdown or consolidation of operations or
focus of these facilities to maximize their value to the International
Thermoelectric Reactor program: Provided, That given the major
international commitment to International Thermoelectric Reactor and
the tokamak concept, the GAO shall consider any other magnetic fusion
confinement system as a possible fusion demonstration facility that
will follow International Thermoelectric Reactor and given the major
National Nuclear Security Administration investment in the physics of
Inertial Confinement Fusion, the GAO shall evaluate the opportunities
for the Office of Science to develop the appropriate science and
technology to leverage the National Nuclear Security Administration
investment as an alternative to the tokamak concept.
Sec. 318. Of amounts appropriated to the Secretary of Energy for
the Rocky Flats Environmental Technology Site for fiscal year 2006, the
Secretary may provide no more than $10,000,000 for the purchase of
mineral rights at the Rocky Flats Environmental Technology Site.
Sec. 319. Of amounts appropriated to the Secretary of Energy for
the Rocky Flats Environmental Technology Site for fiscal year 2006, the
Secretary may provide not more than $15,000,000 to provide regular and
early retirement benefits to workers at the Rocky Flats Environmental
Technology Site.
Sec. 320. Notwithstanding Department of Energy order 413.2A, dated
January 8, 2001, beginning in fiscal year 2006 and thereafter, the
Savannah River National Laboratory may be eligible for laboratory
directed research and development funding.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$65,482,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $12,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $67,000,000 nothwithstanding the
limitations contained in section 306(g) of the Denali Commission Act of
1998, $2,562,000, to remain available until expended: Provided, That of
the amounts provided to the Denali Commission, $5,000,000 is for
community showers and washeteria in villages with homes with no running
water; $13,000,000 is for the Juneau/Green's Creek/Hoonah Intertie
project; $3,000,000 for the Fire Island Transmission line; $1,000,000
for the Humpback Creek Hydroelectric project; $2,000,000 for the Falls
Creek Hydroelectric project; $5,000,000 is for multi-purpose community
facilities including the Bering Straits Region, Dillingham, Moose Pass,
Sterling, Funny River, Eclutna, and Anchor Point; $10,000,000 is for
teacher housing in remote villages such as Savoogna, Allakakaet,
Hughes, Huslia, Minto, Nulato, and Ruby where there is limited housing
available for teachers; $7,000,000 is for facilities serving Native
elders and senior citizens; and $5,000,000 is for: (1) the Rural
Communications service to provide broadcast facilities in communities
with no television or radio station; (2) the Public Broadcasting
Digital Distribution Network to link rural broadcasting facilities
together to improve economies of scale, share programming, and reduce
operating costs; and (3) rural public broadcasting facilities and
equipment upgrades.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), purchase of
promotional items for use in the recruitment of individuals for
employment, $734,376,000, to remain available until expended: Provided,
That of the amount appropriated herein, $66,717,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $598,643,000 in fiscal year 2006 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2006 so
as to result in a final fiscal year 2006 appropriation estimated at not
more than $135,733,000: Provided further, That section 6101 of the
Omnibus Budget Reconciliation Act of 1990 is amended by inserting
before the period in subsection (c)(2)(B)(v) the words ``and fiscal
year 2006''.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,316,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,485,000 in fiscal year 2006 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2006 so as to result in
a final fiscal year 2006 appropriation estimated at not more than
$831,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,608,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V--GENERAL PROVISION
Sec. 501. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 502. None of the funds made available by this or a prior Act
shall be used to award a fully-funded continuing contract, in a case in
which continuing contract authority is applicable, unless the Chief of
Engineers certifies that--
(1) the contract can be awarded and completed in the same
fiscal year;
(2) the contract can be completed shortly after the end of
the fiscal year in which the contract was awarded, but only if
the amount necessary to fully fund the contract is identified
as surplus, or excess, to the program needs of that fiscal
year; or
(3) future funding for the project is uncertain.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2006''.
Passed the House of Representatives May 24, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 1 (legislative day, June 30), 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.